Lawyers to argue against Ford’s participation in Emergencies Act inquiry on Nov. 1

Provincial lawyers will be before a federal judge next week to argue against having Premier Doug Ford appear before the Emergencies Act Committee in Ottawa.

Ford and former solicitor general Sylvia Jones, now the health minister, were summoned Monday to appear at the public inquiry into the federal government’s use of the Emergencies Act to end the “Freedom Convoy” protests last winter.

According to court documents obtained by CityNews, Ford and Jones cite various legal grounds for not testifying, including “parliamentary privilege [that] prevents members of the Ontario Legislative Assembly from being compelled to testify in any proceeding while the legislature is in session.”

Parliamentary privilege prevents MPPs from being compelled to testify in any proceeding while the legislature is in session and for 40 days before and after each session.

Ford and Jones have been called to testify on Nov. 10.

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“It is the federal government that enacted the federal emergencies act. It’s a federal inquiry,” Government House Leader Paul Calandra said on Tuesday.

Green Party Leader Mike Schreiner said the premier owes it to Ontarians to appear before the inquiry.

“I think [Ford] has an obligation… to show leadership, to be clear and honest about the decisions his government took, and the last time I checked, Ottawa and Windsor are located in Ontario,” Schreiner said.

Back in June, ahead of a Canada Day event that would see a return of demonstrators to Ottawa, Ford told reporters he would participate if called to the Emergencies Act inquiry.

Last week Ford told reporters at an unrelated event in Ottawa that he wasn’t appearing at the inquiry because “I have not been asked,” but lawyers for the Public Order Emergency Commission say the premier and Jones refused repeated requests to appear voluntarily.

On Oct. 17, Ford said the Ontario Provincial Police (OPP) did an “incredible job” helping Ottawa police and RCMP clear Freedom Convoy protesters. He also said he stood “shoulder to shoulder” with Prime Minister Justin Trudeau throughout the convoy and the decision to invoke the Emergencies Act.

Prime Minister Trudeau and Windsor Mayor Drew Dilkens are scheduled to testify at the inquiry, while former Ottawa Mayor Jim Watson already spoken to the commission.