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Day 29 of Public Hearings, November 23, 2022 Public Inquiry for the Invocation of the Emergencies Act

ByTia Riley

Nov 23, 2022 #Canada, #Emergencies Act, #Federal, #protests, #public inquiry

Day 29 of the Public Inquiry hearings, David Lametti, Justice Minister refused to answer questions about the Trudeau government’s decision to invoke the Emergencies Act by citing solicitor-client privilege.

The Government of Canada informed the Commission that David Lametti would not be answering questions about what could be considered legal advice that he gave to cabinet regarding the Emergencies Act.

MINISTER DAVID LAMETTI, Sworn
Examination in-Chief by Mr. Gordon Cameron
Cross-Examination by Mr. Brendan Miller
Cross-Examination by Ms. Christine Johnson
Cross-Examination by Mr. Tom Curry
Cross-Examination by Ms. Cheyenne Arnold-Cunningham
Cross-Examination by Ms. Janani Shanmuganathan
Cross-Examination by Mr. Alan Honner
Cross-Examination by Ms. Cara Zwibel
Cross-Examination by Ms. Jennifer King
Cross-Examination by Ms. Heather Paterson
Cross-Examination by Mr. Mitch McAdam
Cross-Examination by Ms. Andrea Gonsalves
Re-Examination by Mr. Gordon Cameron

The Government of Canada asserted solicitor-client privilege before David Lametti testified, meaning legal advice he gave government is protected. I still want to know how the government ended up taking a broader view of “threats to the security of Canada” than what’s in the Act.

Attorney General and Minister of Justice David Lametti gives us his very special take on the threshold for invoking the Emergencies Act. “There’s been an evolution of the [Emergencies] Act.”
Umm, when was that again? Since it worked for them?

Attorney General and Minister of Justice David Lametti: “The [legal] threshold as applied [to invoke the Emergencies Act] as you’ve seen in testimony before this commission has evolved. The rules of thumb for interpreting that have evolved.” How convenient.

Justice Minister David Lametti refutes an assertion from our litigation director, Alan Honner, that the Trudeau gov’t would have kept the Emergencies Act longer. Lametti says the gov’t “would not keep the act a minute longer than we needed to.”

Justice Minister David Lametti said that even though Emergencies Act cleared out lawful, peaceful protesters, they could have continued protesting if they went somewhere else.

Minister of Justice David Lametti reveals that Director of CSIS David Vigneault was provided a separate legal opinion on “threats to the security of Canada” from the Gov’t of Canada. The details are being guarded by solicitor-client privileges.

Justice Minister David Lametti was pressed on if there were any changes to the definition of a national emergency, only to have the federal government’s lawyer interject, claiming this is “getting into legal argument on the interpretation of the legislation.”

Justice Minister David Lametti says Convoy protesters “always had the option to go somewhere else to protest legally… Throughout all of this, those people had an option to move, to protest legally, but they didn’t.”

Justice Minister David Lametti refuses to answer Freedom Convoy lawyer Brendan Miller’s question about the “broader scope” of section 2 of the Emergencies Act. Lametti, citing solicitor-client privilege, says “you’re asking me to answer questions as a lawyer.”

Justice Minister David Lametti addresses the “legitimate criticism” directed at police during the Freedom Convoy, suggesting “if they had been a Black Lives Matter or an Indigenous protest that perhaps the police reaction might have been different.”

“The threshold, as applied, as you’ve seen in testimony before this commission, has evolved”: Justice Minister David Lametti testifies on how “the very same words” can have a “wider area of interpretation” under the Emergencies Act.

Text messages between Justice Minister David Lametti and Public Safety Minister Marco Mendicino suggests the ministers were looking to advise police operations in Ottawa during the Freedom Convoy, which included sourcing a tank.

“I reject that premise.” Justice Minister David Lametti refutes an assertion from @TDF_Can
‘s Alan Honner that the Trudeau gov’t would have kept the Emergencies Act longer. Lametti says the gov’t “would not keep the act a minute longer than we needed to.”

“There was always the opportunity to conduct legal protests,” said Minister of Justice David Lametti while discussing whether the protests were a threat to the “rule of law.” “It’s the rule of the mob as opposed to the rule of law,” he said of the convoy.

“Incompetent,” is how Justice Minister David Lametti described former Ottawa police chief Peter Sloly’s early handling of the Freedom Convoy.
Lametti adds he was “frustrated” because he felt unsafe as a part-time resident of Ottawa.

The commission’s lawyer says Justice Minister David Lametti’s repeated references to solicitor-client privilege “has made such a black box of what has turned out to be a central issue before the hearing.”

MINISTER ANITA ANAND, Sworn
Examination in-Chief by Mr. Gordon Cameron
Cross-Examination by Ms. Ewa Krajewska
Cross-Examination by Mr. Rob Kittredge
Cross-Examination by Ms. Mandy England
Cross-Examination by Ms. Caroline Laverdière

Defence Minister Anita Anand is grilled over Ministers Mendicino and Lametti’s texts about using tanks against peaceful Freedom Convoy protestors.

During the Emergencies Act inquiry, Defence Minister Anita Anand: “I did have concerns about deploying the Canadian Armed Forces … for escalatory reasons.”

“I maintained that was the right conclusion all the way along until the gov’t of Canada made the prudent decision to invoke the Emergencies Act,” testifies Defence Minister Anita Anand while addressing the “totality” of “factors” that led to this decision.

“We need to make sure that the Canadian Armed Forces are not deployed in cases where we are addressing protest management…given the potential for escalation.” Defence Minister Anita Anand testifies the CAF wouldn’t be used to end the Freedom Convoy.

“I maintained that was the right conclusion all the way along until the gov’t of Canada made the prudent decision to invoke the Emergencies Act,” testifies Defence Minister Anita Anand while addressing the “totality” of “factors” that led to this decision.

MINISTER OMAR ALGHABRA, Affirmed
Examination in-Chief by Mr. Gordon Cameron
Cross-Examination by Mr. Hatim Kheir
Cross-Examination by Ms. Jennifer King
Cross-Examination by Ms. Mandy England
Cross-Examination by Ms. Donnaree Nygard

“I don’t think we could say thank you enough to truckers” for their work during the pandemic, says Transport Minister Omar Alghabra. Despite that, the cross-border vax mandate for truckers, which sparked the Freedom Convoy, was cohesive with public health advice.

“Yes, the Emergencies Act is for emergencies” and the Freedom Convoy “felt like an emergency,” says Transport Minister Omar Alghabra. Alghabra says he was “reluctant” to see the act invoked, “but it was the right thing to do.”

“There was a lot of anxiety” that the Freedom Convoy would be Canada’s version of the Jan. 6 riot at the US Capitol, says Transport Minister Omar Alghabra. “We certainly wanted to make sure that the federal gov’t was prepared for this protest.”

Transport Minister Omar Alghabra addresses the “reluctance” some tow truck drivers had to move Freedom Convoy vehicles. Despite the Emergencies Act compelling these drivers to remove the Freedom Convoy, Alghabra says Charter rights were respected.

“Being aware of the sentiment of Canadians is different from advancing the interest of Canadians,” says Transport Minister Omar Alghabra as he addresses whether the gov’t should respond to demands from public outcry, in this case the Freedom Convoy.

JCCF lawyer cross-examines Omar ALGHABRA, “Requirement for upon arrival testing. Those tests were eliminated and that wasn’t because of the illegal occupation.”

Transport Minister Omar Alghabra was “relieved” the Ont. gov’t acted on emergency measures and “built upon the advice” the federal gov’t proposed. Alghabra notes “the Ambassador Bridge is our most important port of entry” connecting Canada and the US.

Transport Minister Omar Alghabra addresses the “reluctance” some tow truck drivers had to move Freedom Convoy vehicles. Despite the Emergencies Act compelling these drivers to remove the Freedom Convoy, Alghabra says Charter rights were respected.

“I don’t think we could say thank you enough to truckers” for their work during the pandemic, says Transport Minister Omar Alghabra. Despite that, the cross-border vax mandate for truckers, which sparked the Freedom Convoy, was cohesive with public health advice.

Transport Minister Omar Alghabra on the “extraordinary measures” during the pandemic: “I am not making any apology for doing what we believed to be the best thing,” adding, “policies were based on the advice…facts…science that we received.”

“Being aware of the sentiment of Canadians is different from advancing the interest of Canadians,” says Transport Minister Omar Alghabra as he addresses whether the gov’t should respond to demands from public outcry, in this case the Freedom Convoy.

“Yes, the Emergencies Act is for emergencies” and the Freedom Convoy “felt like an emergency,” says Transport Minister Omar Alghabra. Alghabra says he was “reluctant” to see the act invoked, “but it was the right thing to do.”

By Tia Riley

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