Justice Simon Fothergill said Premier Doug Ford and deputy premier Sylvia Jones can resist a summons issued by the Public Order Emergency Commission by invoking their parliamentary privilege, which is granted to sitting politicians
Ontario's premier and a top minister have "valuable evidence" to offer the Emergencies Act inquiry, but will not have to testify due to immunity provided to them by parliamentary privilege, a Federal Court judge ruled Monday."However, so long as the Ontario Legislative Assembly remains in session, the applicants may resist the summonses by asserting parliamentary privilege and the Commission cannot take steps to enforce their attendance and compel them to give evidence.
Commissioner Paul Rouleau summoned Ford and Jones, the then-solicitor general, to testify at the inquiry because he wanted to know their role in the crisis that left downtown Ottawa occupied for weeks and traffic blocked from entering Canada at the country’s busiest border crossing. The commission said in light of its tight timeline, "there are effectively no additional practical legal steps to take that could result in the premier and deputy premier being compelled to testify within the necessary timeframe."
Last week, Ford and Jones had filed an application for a judicial review and sought a stay of the summons. Several federal ministers have waived their parliamentary privilege for the Emergencies Act inquiry, including Prime Minister Justin Trudeau and Attorney General David Lametti, who are set to testify in the coming weeks.Ford and Jones argued if the summons to the inquiry was allowed to stand, it would cause "irreparable harm" to the rule of law.
The Ottawa Coalition of Residents and Businesses, which has standing at the inquiry, argued last week that their clients wanted to hear from Ford and Jones about their involvement, or lack thereof, to solve the crises in Ottawa and Windsor.
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