Evidence of meeting #9 for Declaration of Emergency in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was laws.
A video is available from Parliament.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
You can assume that a number of legal opinions were prepared...
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
My minister has already explained that he would not provide you with the legal opinions that we prepared.
Bloc
The Joint Chair Bloc Rhéal Fortin
We will see that in due course with Mr. Lametti, but I am asking you a question, and if you don't want to answer it, tell me and that will settle it.
Did you sign legal opinions concerning the proclamation of the emergency measures, yes or no?
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
I decline to answer your question directly.
Bloc
The Joint Chair Bloc Rhéal Fortin
Thank you.
You said earlier that to your knowledge, no secret order was made by the government. Is that correct?
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
There was no secret order in connection with the order under the Emergencies Act.
Bloc
The Joint Chair Bloc Rhéal Fortin
We saw in the media that a number of secret orders had been made, including two during February.
Are you aware of the existence of those two secret orders?
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
Like you, I read what was in the newspapers, but I have not seen those orders. However, I can tell you that the orders connected with the Emergencies Act are all public.
Bloc
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
No.
Bloc
The Joint Chair Bloc Rhéal Fortin
Did you take part in developing the strategy for dismantling the barricades and so on?
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
No, that was the police's work, and the Department of Justice does not give instructions to the police who are handling those issues.
Bloc
The Joint Chair Bloc Rhéal Fortin
To summarize, your involvement regarding the emergency measures took place ahead of them. Before the proclamation, you had discussions about it, but once the proclamation was made, you were no longer involved with anything concerning the situation. Is that correct?
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
No, we continued to take part in a number of meetings to know how the orders were being applied and what was happening on the ground, and whether the measures were effective. We continued to hold discussions until the government decided to revoke the Act once it was satisfied that things were under control.
Bloc
The Joint Chair Bloc Rhéal Fortin
Why did you have discussions?
Was it about amending the proclamation, about adding orders or regulations?
What was your job at the Department of Justice at that point?
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
We had to continue giving the government legal opinions based on the situation and the questions that might arise.
Bloc
The Joint Chair Bloc Rhéal Fortin
If you tell me that you had to continue giving legal opinions, I understand that you did give legal opinions.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
The Department of Justice gives the government a number of legal opinions every day.
Bloc
The Joint Chair Bloc Rhéal Fortin
That is in general. Specifically concerning the emergency situation, you gave legal opinions before and after the proclamation, if I understand correctly.
Am I mistaken?
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
Yes.
What I told you is that you can assume that we gave a number of legal opinions.
Bloc
The Joint Chair Bloc Rhéal Fortin
I don't want to assume anything, Mr. Daigle. If I need to, I'll read the Act and the regulations.
You are here as a witness. You have to testify to the facts.
Did you give legal opinions, yes or no?
You can tell me that you won't answer the question, but don't tell me that the general rule is this or that. I don't want an expert opinion. I want the opinion of a fact witness.
Did you give opinions, yes or no?
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
The answers to the questions about whether we gave one opinion, two opinions, or none, and at what time, are subject to professional privilege. They are not questions that I can answer.
Bloc
The Joint Chair Bloc Rhéal Fortin
You just told me that you took part in discussions in order to give legal opinions after the proclamation, so you gave legal opinions.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
What I am telling you is that you can assume that I did my job. That is part of my job.