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Ontario government lawyers argued Tuesday there would be"irreparable harm" to the rule of law if Premier Doug Ford and a top minister were compelled to testify at a federal inquiry after citing parliamentary privilege in trying to avoid doing so.
Parliamentary privilege is what protects the separation of court, the Crown and the legislature in the proper functioning of a constitutional system, said Susan Keenan, a lawyer for the province. The inquiry's commissioner wants to hear from Ford and Jones over how they handled the occupation in downtown Ottawa and the blockade of incoming traffic from the U.S. at the Ambassador Bridge in Windsor.
Allowing the summons would erode all parliamentary privileges, Keenan said. Those include exemption from jury duty and freedom of speech in the house while enjoying complete immunity from prosecution or civil liability, and exemptions from being subpoenaed to appear in court as a witness. The province pointed to a 2005 case in Federal Court, which held that parliamentary privilege applies to public inquiries.
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