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Lawyers frustrated by Ottawa’s disclosure of documents at Emergencies Act inquiry

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OTTAWA — Several lawyers at the inquiry into the federal government’s use of the Emergencies Act last winter say Ottawa has been too slow to disclose documents, which they say raises concerns about a lack of transparency.

Thousands of pages of documents have been submitted into evidence at the Public Order Emergency Commission, which is scrutinizing the decision to invoke emergency powers in response to protests against COVID-19 mandates that blockaded Ottawa streets and several border crossings.

Paul Champ, the lawyer representing Ottawa residents and businesses affected by the demonstrations, said Tuesday that documents from the federal government are coming too late in the process.

Champ said he and other lawyers did not receive roughly 200 pages of documents, many of which were “directly relevant” to Public Safety Minister Marco Mendicino’s testimony on Tuesday, until after midnight the night before.

“Right from the first few days, even before it started, it was clear to us that there were going to be many enormous procedural fairness problems,” said Champ, adding that at times, information relevant to witnesses who have already appeared is being disclosed after their testimony is over.

“We were getting extremely late disclosure of documents. We didn’t even have most of the documents. We weren’t getting witness statements, and we were going in kind of blind about what the theory of the case was, and what the evidence was going to be.”

He said the process has been “enormously difficult,” including for commission lawyers and Justice Paul Rouleau, the commissioner of the inquiry.

Hundreds more pages of documents are expected to be submitted as evidence this week, with other high-profile ministers and Prime Minister Justin Trudeau himself expected to testify at the public hearings.

On Tuesday, Rouleau cautioned that with three more federal ministers set to testify Wednesday, the short amount of time lawyers will have to examine documents will be “brutal.”

Many of the documents already submitted include information rarely disclosed to the public, such as text messages between ministers and their staff, emails, internal police communications and intelligence reports.

Cara Zwibel, a director with the Canadian Civil Liberties Association and one of its lawyers at the inquiry, said there is a “great deal of transparency.”

But she said the process has been “hampered” by a lack of additional disclosure and the tight timeline the inquiry has to conduct its work.

Champ added that the federal government’s pace of disclosure has been “particularly troubling.” Other parties to the inquiry, such as the City of Ottawa, had filed the bulk of their relevant documents for the commission prior to proceedings starting.

“They knew when they invoked the Emergencies Act that that they had to hold this public inquiry within an extremely short timeline,” he said. “So I think they should have been working on it right then, and it’s obvious that they have not.”

Brendan Miller, a lawyer for “Freedom Convoy” organizers, was asked to leave the inquiry room after a testy exchange with Rouleau on Tuesday during Mendicino’s testimony. He later apologized and was allowed to return.

The exchange included reference to an application Miller filed with the commission that requested unredacted versions of nine documents produced by the federal government.

Rouleau released a decision Tuesday afternoon that dismissed the bulk of Miller’s requests, but found that the government’s application of redactions for “parliamentary privilege” had been too broad in some cases.

He ordered the federal government to remove such redactions from three documents and resubmit them “in a reasonably timely manner.”

This report by The Canadian Press was first published Nov. 22, 2022.

 

David Fraser and Stephanie Taylor, The Canadian Press

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Small Quebec towns debate reducing council size amid recruitment challenges

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MONTREAL – Some small Quebec municipalities are considering reducing the size of their city councils due to the challenges of recruiting candidates to run for office.

Quebec recently adopted a rule allowing communities of under 2,000 people to reduce their number of city councillors from six to four after next year’s elections.

The president of the Fédération québécoise des municipalités says the rule change has been a “recurrent” request from some towns that have struggled with persistent vacancies on city council or even for mayor.

Jacques Demers says it’s become harder for small towns to recruit candidates due to low salaries, the challenges of the job and a general lack of time and enthusiasm for community involvement.

“When we look at volunteers for leisure, volunteers for culture, volunteers for festivals, for exhibitions, all of this is becoming more and more difficult to recruit people,” he said in a phone interview.

Corina Lupu, mayor of the small community of Lac-des-Seize-Îles in the Laurentians, north of Montreal, says her council will debate the issue at the next meeting before making a decision.

“In small municipalities you don’t have a population of 20,000 to pick from,” she said in a phone interview. “Sometimes you have a population of 1,000 or 500.”

While it’s not an issue in her community, she believes it’s also getting harder to get people to run for office due to the hostile climate elected officials increasingly face.

“Some politicians are rather abused,” she said. “It’s not really a pleasant environment.”

Vacancies are a persistent problem at the municipal level in Quebec. Some 120 mayor and councillor positions went unfilled during the last municipal elections in 2021, while close to 5,000 candidates were elected unopposed.

Both Lupu and Demers say the very low salaries paid to small-town councillors is also a problem.

“In our small communities, municipal involvement is almost volunteer work since many people earn $1,000, $2,000, $3,000 per year for their involvement,” Demers said.

While Lupu says salaries in her community are higher than that, it doesn’t equal much per hour when considering the scope of the job, noting the province has increasingly offloaded responsibilities onto municipalities over time.

“We’re a small municipality, but we still have to fill in all the same paperwork as a large municipality,” she said. “It’s the same bureaucracy, but for less people.”

Chantal Richer, the general director for the 168-person town of Val St-Gilles in the Abitibi region, said her community will consider reducing the size of council.

“It would be easier to find candidates and we could divide the money saved between the four, which would increase their salaries a little more,” said Richer, adding the matter will be discussed at the next council meeting.

The mayors of Barkmere and Lac-Tremblant-Nord, both in the Laurentians, said they felt maintaining a six-person council was better for democracy, despite their small population bases.

“By reducing to four councillors, we could end up with a quorum of three people at council meetings,” Barkmere Mayor Luc Trépanier said in an email. “We do not believe that only three people should decide for an entire municipality.”

Lupu says moving from six to four councillors would allow towns like hers to save some money on salaries, which can be a consideration in places with very small tax bases.

However, she also worries that four-person councils in general could allow strong personalities to dominate and make decisions harder. Despite having fewer than 200 year-round residents, her lakeside community has never had a council vacancy as far as she can remember, and she struggles to imagine council without any of its current members on it.

“I think I’ve gotten a lot of value out of having six councillors, six opinions, six perspectives,” she said.

Municipalities that want to reduce the size of council after the 2025 elections have until the end of December of this year to pass a resolution to that effect. Demers says about 700 municipalities are eligible to make the change, but believes that most will stick with the current six-member-plus mayor format.

This report by The Canadian Press was first published Sept. 29. 2024.



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‘Programming error’ results in accidental sale on Quebec liquor products

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MONTREAL – The provincial Crown corporation in charge of liquor sales in Quebec says a computer issue resulted in all its products being temporarily listed at 30 per cent off on its website.

Société des alcools du Québec spokesperson Laurianne Tardif confirmed the accidental sale happened between midnight and 8:30 a.m. on Saturday.

She says the SAQ was able to fix the issue shortly after it was reported.

An analysis is currently underway to determine what happened, but Tardif says the issue was a programming error and not an external virus or hack.

The SAQ did not answer a question on how many products were bought during the eight-and-a-half hour window, or how many customers took advantage of the reduced prices.

The Canadian Press. All rights reserved.



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Liberals roll out more security cash, details in strategy for fighting hate

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OTTAWA – The Liberal government is announcing more details on its existing strategy and funding to fight a rise in hate crimes targeting multiple communities.

Diversity Minister Kamal Khera released the Action Plan on Combatting Hate last week, which aims to co-ordinate how various departments promote diversity and prevent violent incidents and speech online targeting minorities.

Khera said the funding is needed because Statistics Canada is reporting an increase in hate crimes involving Jews, Muslims, LGBTQ+ people and other communities.

“Whether it is online or on our streets, hateful words (and) actions are having a devastating impact on our communities and our entire country, whether it is our mosques being attacked, communities being divided or even losing loved ones,” she said outside a mosque in Brampton, Ont.

She noted the arrest last week of a London, Ont. man whom police say had verbally harassed a woman wearing an Islamic headscarf and brandished a knife. A self-described white nationalist in that same southwestern Ontario city murdered four members of a Muslim family in 2021 in what a judge ruled to be an act of terrorism.

“We cannot allow hate to go unchecked; the cost of inaction is far too great,” Khera said.

The action plan released last Tuesday details how Ottawa intends to spend the $273.6 million the Liberals allocated in this April’s budget for various programs, over the course of six years.

Khera said that allocation includes a $65 million top-up to a fund that helps community institutions and religious centres cover the cost of installing cameras or hiring security guards. She noted Ottawa has increased the annual amount of cash institutions can apply for, such as those who feel it’s necessary to get round-the-clock security.

The Centre for Israel and Jewish Affairs said the extra cash for security is “very welcome as many institutions have been stretched beyond capacity,” noting Jewish schools have been shot at, synagogues have been vandalized and Jewish businesses have been set ablaze.

Tuesday’s action plan largely reiterates work that federal departments and agencies are already doing, with the idea of creating consultation panels that can spot gaps in laws and programs or address barriers to implementing an existing Anti-Racism Strategy.

It listed various programs helping anti-racism organizations to monitor and combat online hatred, as well as training for Crown prosecutors on “the unique dynamics of hate crimes.”

This report by The Canadian Press was first published Sept. 29, 2024

The Canadian Press. All rights reserved.



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