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‘Trust us’ isn’t enough to win confidence in Emergencies Act inquiry: law’s author

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Emergencies Act

OTTAWA — In the late 1980s, as then-defence minister Perrin Beatty was drafting new legislation to replace the controversial War Measures Act, one man’s words were on his mind.

The man was Robert Stanfield, the former leader of Beatty’s Progressive Conservative party and leader of the Official Opposition during the 1970 October Crisis. Pierre Elliott Trudeau’s Liberals invoked the War Measures Act for the first and only time outside of a war to end a series of kidnappings perpetrated by a militant Quebec independence group.

Though Stanfield made plenty of missteps during his 27 years in politics, he later famously said the one regret of his career was giving the government the benefit of the doubt on its use of the War Measures Act. He wished he’d dissented.

“This was one of the problems back in the time of the War Measures Act, where the government said in essence, ‘if only you knew what we knew, you’d support the invocation of the act,’” Beatty said in a recent interview.

“That was very much in my mind at the time that we brought in the new act. To ensure public confidence, you had to have the greatest level of transparency possible.”

Beatty’s efforts are now being tested, as the government launches an inquiry into the inaugural use of the Emergencies Act — without committing to release the details of closed-door discussions that led up to the act being invoked.

Prime Minister Justin Trudeau invoked the never-before-used Emergencies Act on Feb. 14 in an effort to quash blockades that had taken over the streets of the capital and major border crossings in protest against COVID-19 restrictions and the Liberal government.

In creating the Emergencies Act, Beatty said the government set out to create a new law with more checks and balances to curb potential abuses of power.

One of those checks was a mandatory inquiry, which must be launched within 60 days of the state of emergency being revoked.

On April 25, the government appointed Ontario Appeal Court Justice Paul Rouleau to lead the inquiry and report back on lessons learned about how to avoid using the act in the future.

The announcement in the foyer of Parliament’s West Block kicked off a series of back-and-forths between government ministers, members of the opposition and media about the purpose of the inquiry and how much information Rouleau would have access to.

Public Safety Minister Marco Mendicino would not say if the inquiry would judge whether the government was justified in invoking the act in the first place, but Beatty said that was exactly the purpose of including a mandatory inquiry as part of the law.

“Was invoking the act the right thing to do in the first place? Did it meet the high threshold that was anticipated, that was required under the act?” Beatty said.

On Tuesday, Mendicino was met by a group of reporters before question period and was again asked whether the government intended to waive cabinet confidence — secret discussions intended only for ministers — for the sake of the Emergencies Act inquiry.

“We’ve afforded Justice Rouleau with the power to compel witnesses, information, and documents and, in fairness, we’ve contemplated that he would get access to classified information,” Mendicino said.

He added the government looks forward to collaborating with the judge “so that we can be transparent,” but since Rouleau hasn’t asked for any classified information yet, nothing has been decided about what to release.

Beatty, who has sworn off partisan comments since leaving politics, wouldn’t offer any specific words of advice to the government about how to make sure the country gets an honest and open look at cabinet’s actions.

He said he can only speak to what was intended when the legislation was passed.

“The only thing that I can say, as the author of the act, is that wherever you have extraordinary powers, there must be extraordinary accountability,” he said.

Before the new legislation replaced it, the War Measures Act was used three times in history: during the October Crisis, and First and Second World Wars.

The old legislation allowed for human rights abuses, like the incarceration of Japanese Canadians during the Second World War, Beatty said. The goal of the Emergencies Act was to figure out how to protect civil rights of Canadians even under the most dire circumstances.

So it included protections like an expiry date on the government powers, a requirement for parliamentary approval, recourse options through the courts, and the mandatory inquiry.

It’s entirely possible that the inquiry will be able to make conclusions without interfering with cabinet confidence at all, but ultimately it’s up to the government to be transparent enough to convince Canadians that it made the right choice, Beatty said.

“If you don’t have (transparency), then people will always have their suspicions that something has been withheld,” he said.

“‘Trust us’ is not enough if you want public confidence at the end of the day,” he said.

This report by The Canadian Press was first published May 8, 2022.

 

Laura Osman, The Canadian Press

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‘Disgraceful:’ N.S. Tory leader slams school’s request that military remove uniform

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HALIFAX – Nova Scotia Premier Tim Houston says it’s “disgraceful and demeaning” that a Halifax-area school would request that service members not wear military uniforms to its Remembrance Day ceremony.

Houston’s comments were part of a chorus of criticism levelled at the school — Sackville Heights Elementary — whose administration decided to back away from the plan after the outcry.

A November newsletter from the school in Middle Sackville, N.S., invited Armed Forces members to attend its ceremony but asked that all attendees arrive in civilian attire to “maintain a welcoming environment for all.”

Houston, who is currently running for re-election, accused the school’s leaders of “disgracing themselves while demeaning the people who protect our country” in a post on the social media platform X Thursday night.

“If the people behind this decision had a shred of the courage that our veterans have, this cowardly and insulting idea would have been rejected immediately,” Houston’s post read. There were also several calls for resignations within the school’s administration attached to Houston’s post.

In an email to families Thursday night, the school’s principal, Rachael Webster, apologized and welcomed military family members to attend “in the attire that makes them most comfortable.”

“I recognize this request has caused harm and I am deeply sorry,” Webster’s email read, adding later that the school has the “utmost respect for what the uniform represents.”

Webster said the initial request was out of concern for some students who come from countries experiencing conflict and who she said expressed discomfort with images of war, including military uniforms.

Her email said any students who have concerns about seeing Armed Forces members in uniform can be accommodated in a way that makes them feel safe, but she provided no further details in the message.

Webster did not immediately respond to a request for comment.

At a news conference Friday, Houston said he’s glad the initial request was reversed but said he is still concerned.

“I can’t actually fathom how a decision like that was made,” Houston told reporters Friday, adding that he grew up moving between military bases around the country while his father was in the Armed Forces.

“My story of growing up in a military family is not unique in our province. The tradition of service is something so many of us share,” he said.

“Saying ‘lest we forget’ is a solemn promise to the fallen. It’s our commitment to those that continue to serve and our commitment that we will pass on our respects to the next generation.”

Liberal Leader Zach Churchill also said he’s happy with the school’s decision to allow uniformed Armed Forces members to attend the ceremony, but he said he didn’t think it was fair to question the intentions of those behind the original decision.

“We need to have them (uniforms) on display at Remembrance Day,” he said. “Not only are we celebrating (veterans) … we’re also commemorating our dead who gave the greatest sacrifice for our country and for the freedoms we have.”

NDP Leader Claudia Chender said that while Remembrance Day is an important occasion to honour veterans and current service members’ sacrifices, she said she hopes Houston wasn’t taking advantage of the decision to “play politics with this solemn occasion for his own political gain.”

“I hope Tim Houston reached out to the principal of the school before making a public statement,” she said in a statement.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.

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Saskatchewan NDP’s Beck holds first caucus meeting after election, outlines plans

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REGINA – Saskatchewan Opposition NDP Leader Carla Beck says she wants to prove to residents her party is the government in waiting as she heads into the incoming legislative session.

Beck held her first caucus meeting with 27 members, nearly double than what she had before the Oct. 28 election but short of the 31 required to form a majority in the 61-seat legislature.

She says her priorities will be health care and cost-of-living issues.

Beck says people need affordability help right now and will press Premier Scott Moe’s Saskatchewan Party government to cut the gas tax and the provincial sales tax on children’s clothing and some grocery items.

Beck’s NDP is Saskatchewan’s largest Opposition in nearly two decades after sweeping Regina and winning all but one seat in Saskatoon.

The Saskatchewan Party won 34 seats, retaining its hold on all of the rural ridings and smaller cities.

This report by The Canadian Press was first published Nov. 8, 2024.

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Nova Scotia election: Liberals say province’s immigration levels are too high

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HALIFAX – Nova Scotia‘s growing population was the subject of debate on Day 12 of the provincial election campaign, with Liberal Leader Zach Churchill arguing immigration levels must be reduced until the province can provide enough housing and health-care services.

Churchill said Thursday a plan by the incumbent Progressive Conservatives to double the province’s population to two million people by the year 2060 is unrealistic and unsustainable.

“That’s a big leap and it’s making life harder for people who live here, (including ) young people looking for a place to live and seniors looking to downsize,” he told a news conference at his campaign headquarters in Halifax.

Anticipating that his call for less immigration might provoke protests from the immigrant community, Churchill was careful to note that he is among the third generation of a family that moved to Nova Scotia from Lebanon.

“I know the value of immigration, the importance of it to our province. We have been built on the backs of an immigrant population. But we just need to do it in a responsible way.”

The Liberal leader said Tim Houston’s Tories, who are seeking a second term in office, have made a mistake by exceeding immigration targets set by the province’s Department of Labour and Immigration. Churchill said a Liberal government would abide by the department’s targets.

In the most recent fiscal year, the government welcomed almost 12,000 immigrants through its nominee program, exceeding the department’s limit by more than 4,000, he said. The numbers aren’t huge, but the increase won’t help ease the province’s shortages in housing and doctors, and the increased strain on its infrastructure, including roads, schools and cellphone networks, Churchill said.

“(The Immigration Department) has done the hard work on this,” he said. “They know where the labour gaps are, and they know what growth is sustainable.”

In response, Houston said his commitment to double the population was a “stretch goal.” And he said the province had long struggled with a declining population before that trend was recently reversed.

“The only immigration that can come into this province at this time is if they are a skilled trade worker or a health-care worker,” Houston said. “The population has grown by two per cent a year, actually quite similar growth to what we experienced under the Liberal government before us.”

Still, Houston said he’s heard Nova Scotians’ concerns about population growth, and he then pivoted to criticize Prime Minister Justin Trudeau for trying to send 6,000 asylum seekers to Nova Scotia, an assertion the federal government has denied.

Churchill said Houston’s claim about asylum seekers was shameful.

“It’s smoke and mirrors,” the Liberal leader said. “He is overshooting his own department’s numbers for sustainable population growth and yet he is trying to blame this on asylum seekers … who aren’t even here.”

In September, federal Immigration Minister Marc Miller said there is no plan to send any asylum seekers to the province without compensation or the consent of the premier. He said the 6,000 number was an “aspirational” figure based on models that reflect each province’s population.

In Halifax, NDP Leader Claudia Chender said it’s clear Nova Scotia needs more doctors, nurses and skilled trades people.

“Immigration has been and always will be a part of the Nova Scotia story, but we need to build as we grow,” Chender said. “This is why we have been pushing the Houston government to build more affordable housing.”

Chender was in a Halifax cafe on Thursday when she promised her party would remove the province’s portion of the harmonized sales tax from all grocery, cellphone and internet bills if elected to govern on Nov. 26. The tax would also be removed from the sale and installation of heat pumps.

“Our focus is on helping people to afford their lives,” Chender told reporters. “We know there are certain things that you can’t live without: food, internet and a phone …. So we know this will have the single biggest impact.”

The party estimates the measure would save the average Nova Scotia family about $1,300 a year.

“That’s a lot more than a one or two per cent HST cut,” Chender said, referring to the Progressive Conservative pledge to reduce the tax by one percentage point and the Liberal promise to trim it by two percentage points.

Elsewhere on the campaign trail, Houston announced that a Progressive Conservative government would make parking free at all Nova Scotia hospitals and health-care centres. The promise was also made by the Liberals in their election platform released Monday.

“Free parking may not seem like a big deal to some, but … the parking, especially for people working at the facilities, can add up to hundreds of dollars,” the premier told a news conference at his campaign headquarters in Halifax.

This report by The Canadian Press was first published Nov. 7, 2024.

— With files from Keith Doucette in Halifax

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