Judge rules Ford, Jones immune from testifying

Ontario’s premier and a top minister have “valuable evidence” to offer the Emergencies Act inquiry, but will not have to testify due to immunity provided to them by parliamentary privilege, a Federal Court judge ruled Monday.

Justice Simon Fothergill said Premier Doug Ford and deputy premier Sylvia Jones can resist a summons issued by the Public Order Emergency Commission by invoking their parliamentary privilege, which is granted to sitting politicians. “The summonses issued by the Commission to (Ford and Jones) are valid,” Fothergill wrote.

“However, so long as the Ontario Legislative Assembly remains in session, the applicants may resist the summonses by asserting parliamentary privilege and the Commission cannot take steps to enforce their attendance and compel them to give evidence.”

Ontario’s legislature has been in session since early August and remains in session regardless of adjournments.

The Public Order Emergency Commission is examining the federal government’s use of the Emergencies Act to end the so-called Freedom Convoy protests last winter in Ottawa and Windsor, Ont.

Commissioner Paul Rouleau summoned Ford and Jones, the then-solicitor general, to testify at the inquiry because he wanted to know their role in the crisis that left downtown Ottawa occupied for weeks and traffic blocked from entering Canada at the country’s busiest border crossing.

The premier and Jones were set to testify on Thursday. The commission is only hearing testimony until Nov. 25. Ford’s office declined to comment after the decision came.

At news conference earlier Monday, Ford repeated comments that the inquiry is a federal matter, not a provincial one.