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Decentralized Democracy

House Hansard - 36

44th Parl. 1st Sess.
February 21, 2022 07:00AM
  • Feb/21/22 2:35:28 p.m.
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Mr. Speaker, I am confident as Attorney General that we have met the standard to apply the Emergencies Act. As we have stated on many occasions, we are required as a government that any measures we take will conform with the Charter of Rights and Freedoms, including section 8 rights of search and seizure.
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  • Feb/21/22 3:01:09 p.m.
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Mr. Speaker, I asked a serious question earlier, which the Attorney General did not answer. I asked whether or not the Attorney General or the Department of Justice had rendered a legal opinion regarding the public order emergency powers and the charter. Surely his answer to my question was not the sum total of that legal opinion, if it exists. Therefore, I will ask the question again. Is there a legal opinion, yes or no? If there is, will the government release it to the House ahead of this evening's vote?
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  • Feb/21/22 3:01:44 p.m.
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Mr. Speaker, if the hon. member was a lawyer he would understand that I would not answer that question. I speak as the Attorney General for the Government of Canada. In giving my legal opinion, I have assured this House, and I have assured the Canadian public, that I feel that we have met the legal standards based on the decision and that— Some hon. members: Oh, oh!
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  • Feb/21/22 3:02:11 p.m.
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I can stand here all day and wait for everybody to come to order to bring the temperature down a bit. I know the Minister of Justice was trying to answer the question. I will give him 10 seconds to finish up. The hon. Minister of Justice and Attorney General.
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  • Feb/21/22 3:02:27 p.m.
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Mr. Speaker, as I was saying, the reason why, as an Attorney General, one never discloses whether or not one has an opinion is because that could be construed as giving consent to divulge that opinion. It is covered by solicitor-client privilege, and it will remain so.
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  • Feb/21/22 3:08:07 p.m.
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Mr. Speaker, as hon. colleagues will know, from the beginning I have been very concerned that the regulations appear overly broad and not connected to the declaration itself. I want to ask the Minister of Justice and Attorney General of Canada if he is satisfied, and if he can satisfy me, that the declaration is tied to these regulations, and that they cannot be used for anything other than for the specific emergency as described in the declaration.
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  • Feb/21/22 4:48:41 p.m.
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Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. The hon. member took a very analytical approach in his speech and I do appreciate all that he said. Earlier in question period, the hon. Minister of Justice was asked about releasing any legal opinions in his capacity as Minister of Justice and Attorney General that were provided to him as minister as to the legality of imposing the act, what is the legal opinion and has the threshold been met. The Minister of Justice and Attorney General did not provide anything in that respect. If the threshold has been met, what would the government be afraid of in releasing a legal opinion that supports its cause?
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