'This is a federal inquiry': Doug Ford dodges questions on Emergencies Act inquiry

Ontario Premier Doug Ford dodged questions about his refusal to participate in the Emergencies Act inquiry on Wednesday, arguing the commission is a federal issue and not a provincial one.

While at Question Period, the premier chose to answer one question about his decision not to testify before bouncing all remaining inquiries to Government House Leader Paul Calandra.

“From day one…for Ontario this was a policing matter, not a political matter,” Ford said. “This is a federal inquiry into the federal government’s decision to use the federal Emergencies Act.”

His comment comes one day after the premier and former Solicitor General Sylvia Jones filed court documents to fight a summons to appear before the commission, which is examining the use of the Emergencies Act during the weeks-long occupation of Ottawa by protesters, as well as a blockade at U.S.-Canada borders.

The court documents claim the “summons are inconsistent with the members’ parliamentary privilege” and that their evidence is “not necessary to his commission.”

“It is Ontario’s view that these protests invited primarily a policing response and the police witnesses that are testifying can best provide the Commission with the evidence it needs,” an email from Ministry of the Attorney General lawyer Darrell Kloeze reads

• What questions does the commission have for Ford and Jones?

Multiple questions by members of the opposition were directed at the premier on Wednesday morning, but only one was answered by Ford.

Calandra spoke in his stead, using the same talking points as a day earlier, pointing out that deputy ministers have been made available and that cabinet documents were provided to the commission.

Jones has been absent from the Legislature for the last two days. Her office confirmed Wednesday afternoon that she had tested positive for COVID-19.

NDP MPP Marit Stiles asked why the premier is hiding behind parliamentary privilege.

“That’s baloney and everyone here knows it,” she said.

Parliamentary privilege prevents members from the Ontario Legislative Assembly from being compelled to testify in a proceeding while the Legislature is in session, lawyers say.

"The claim of parliamentary premier by the premier and the minister is legally sound and likely to be upheld by the court," said Steven Chaplin, a professor at the University of Ottawa.

Chaplin argues that parliamentary privilege makes sense when you can consider the context.

"For example, if there was a vote coming up and people decided to abuse the right of summons," he said. "So as members of the Legislature, they have that privilege and the Legislature has first call on their duty."

Liberal leader John Fraser went even further, telling reporters after Question Period that Ford’s decision not to testify is “cowardly.”

“He may win in court,” Fraser said of the premier’s legal action. “But he’s already lost in a higher court, which is public opinion.”

He said that multiple other Ontairo premiers have been called to testify in front of a committee, public inquiry or court, including Kathleen Wynne, Dalton McGuinty and Mike Harris.

“They didn’t have to go,” Fraser said. “What’s so different about Doug Ford? Why is he different from the rest?”

“People need to have trust in their leaders and not showing up and not giving you reasons or explanations or being accountable for your decisions for the decisions that you didn't make is not what we expect from the premier or any member of this legislature?

Ottawa Centre MPP Joel Harden pointed out that other politicians, such as the mayor and prime minister, have testified at the commission and they are not police officers.

“Could someone please explain to the people of Ottawa Centre why these officials saw fit to answer the call to testify at the commission but this premier and the minister responsible, the former solicitor general, do not?”

Harden then offered to drive the premier to Ottawa if he changes his mind.

The Emergencies Act was invoked on Feb. 14 by Prime Minister Justin Trudeau in an effort to end the “Freedom Convoy” protests in downtown Ottawa.