CCLA reacts to Minister Lametti’s testimony at POEC

OTTAWA — Cara Zwibel, Director of Fundamental Freedoms for the Canadian Civil Liberties Association (CCLA), made the following remarks today:

Although we had hope that, with the testimony of the Attorney General, we would get a better understanding of the government’s legal justification for invoking the Emergencies Act, that did not come to pass.

The government is relying on solicitor-client privilege to shield the legal advice upon which Cabinet relied from the Commission and the public.

The government will no doubt make a legal argument to the Commission about why the use of the Emergencies Act was justified, we may never know if that is the same understanding of the law that Cabinet Ministers had when they made the actual decision.

This does hamper the Commission’s ability to carry out its mandate.

Justice Rouleau’s questions to Minister Lametti touched on this. While solicitor-client privilege is very important, the government can choose to waive it and, in our view, should do so in the exceptional circumstances here.

The accountability mechanisms in the Emergencies Act suggest a need for the utmost transparency when it comes to the government’s decision.

While the government has been content to have its own witnesses testify that their understanding of the Emergencies Act was based on legal advice, it now refuses to disclose that advice. Its selective approach to privilege undermines the transparency of the process.

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Counsel for the CCLA at the Emergencies Act Commission are available for interview.

About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.

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