The Institute for Freedom and Justice (IFJ), a registered charity based in Moncton, New Brunswick, has written a letter objecting to the Governor in Council and Cabinet receiving the final report from the Emergencies Act inquiry before it is made public.
The IFJ’s letter to Commissioner Paul Rouleau, the justice chairing the Public Order Emergencies Commission (POEC), notes that the Emergencies Act specifically requires the public inquiry to provide a report to each house of Parliament within 360 days after the revocation of the declaration of emergency.
The Trudeau government invoked the powers of the Emergencies Act, formerly the War Measures Act, on Feb. 14, 2022, to end the three-week Freedom Convoy protest in Ottawa last year.
It was revoked on Feb. 23, 2022, and the report has an official due date of Feb. 17, 2023, calculated by the legislation.
As reported by the Toronto Sun on Jan. 30, 2023, Prime Minister Justin Trudeau will receive the report on Feb. 6, even before Rouleau’s findings are scheduled to be tabled before Parliament.
However, the House of Commons and the Senate are not in session again until March 6, which means the report may not be made public until that time.
Sun columnist Brian Lilley noted, “If the reports aren’t tabled until then the Trudeau government would have had a full month with the report without Canadians knowing a single word of what is written.”
Final preparations are made prior to the start of the Public Emergency Order Commission in Ottawa on Oct. 13, 2022. (Sean Kilpatrick/The Canadian Press)An order of the Governor in Council (GIC), upon the recommendation of the prime minister, directed the commissioner to submit a final report to the GIC no later than Feb. 6, 2023, notes the IFJ’s letter.
The same order directs that the report of the public inquiry be submitted to each House of Parliament by Feb. 20, 2023.
“Although a provision was later inserted in the Order (on the recommendation of the Prime Minister), that the Governor in Council should receive a report in advance of the Houses of Parliament, the Act makes no such express requirement,” states the IFJ.
The IFJ letter asked the commissioner to confirm that the report submitted to the Governor in Council “will be identical” to the report provided to the houses of Parliament.
Submitting an advance report to the GIC, and therefore cabinet, including Trudeau, “carries a high-risk of criticism concerning the transparency and integrity of the Public Inquiry process,” wrote the IFJ.
“This may result in a loss of confidence by Canadians in the fairness of the Commission and may mire the final part of the Public Inquiry in controversy,” said the letter.
The IFJ, which was unable to respond by press time, requested that the commissioner, in preparing the report in accordance with the order by the GIC for “not later than Feb. 6, 2023,” also provide the report to the Houses of Parliament on the same day, simultaneously. This would also mean it would be made public at the same time.
The POEC did not respond by press time to an inquiry, but according to the Sun, a spokesperson said the report is still being prepared by Rouleau, with no information on a public release date.
During the inquiry, the federal government invoked legal privilege and would not provide details on the legal opinion used to justify the use of the Emergencies Act. After the public inquiry wrapped up after Trudeau’s testimony, the commission continued to hear from experts about the federal government’s decision to invoke the Emergencies Act.