Toronto Star

Tories push bill to clear RCMP wrongdoing

Conservati­ves are rewriting prior legislatio­n to shield details from the public record

- BRUCE CHEADLE THE CANADIAN PRESS

OTTAWA— Legal and parliament­ary experts say there’s nothing to stop the Harper government from retroactiv­ely rewriting a law to absolve RCMP wrongdoing and stuffing the changes in an omnibus budget bill — even as police investigat­e.

“There is no restraint on Parliament’s legislativ­e powers other than legislativ­e jurisdicti­on under the Constituti­on Act 1867 and the charter,” former House of Commons law clerk Rob Walsh said Thursday.

In simpler terms, “there’s nothing wrong with it,” according to Ned Franks, a professor emeritus at Queen’s University.

“It’s unorthodox, but you can get away with it,” Franks said.

Bill C-59, currently on the fast track to be passed by Parliament in the next four weeks, includes amend- ments backdated to October 2011 that would retroactiv­ely remove all elements of the now-defunct longgun registry from Canada’s Access to Informatio­n Act. The unpreceden­ted move was prompted by a finding of wrongdoing against the RCMP by federal informatio­n commission­er Suzanne Legault and the Conservati­ve getout-of-jail-free legislativ­e move is drawing howls of outrage from opposition MPs and academics.

“This is banana-republic behaviour,” NDP Leader Tom Mulcair said. “It’s absolutely reprehensi­ble what they’re doing, the technique itself is reprehensi­ble.”

The Ontario Provincial Police have confirmed they are investigat­ing the RCMP’s alleged breach of the Access to Informatio­n Act after receiving the file from the Public Prosecutio­n Service of Canada.

That investigat­ion won’t deter the government from pushing through its latest, 167-page budget bill — including the non-budget-related gun registry changes.

“Royal assent was given to a law passed by Parliament years ago requiring the destructio­n of the data from the long-gun registry,” Stephanie Henderson, a spokeswoma­n for the Conservati­ve House leader, said in an email.

“Can they do it? The answer is yes,” said Michel Drapeau, a law professor at the University of Ottawa. “Is it legal? The answer is you can probably find a way, but it’s against every precedent, against any notion, against any principle that laws should not be retroactiv­e,” he added.

 ?? SEAN KILPATRICK/THE CANADIAN PRESS ?? Bill C-59 would remove all elements of the now-defunct long-gun registry.
SEAN KILPATRICK/THE CANADIAN PRESS Bill C-59 would remove all elements of the now-defunct long-gun registry.

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