Ontario Premier Doug Ford and former solicitor general Sylvia Jones have been summonsed to appear as witnesses at the public inquiry examining the federal government's use of the Emergencies Act.

A letter from commission counsel says Ford and Jones had been asked repeatedly to do interviews with the commission but had refused; they had also been asked to testify but refused, apparently contradicting a claim the premier made publicly last week.

"I have not been asked," Ford said on Oct. 17 when asked at a press conference why he wasn't scheduled to testify.

READ MORE: ‘I stood shoulder to shoulder with the prime minister’ on Emergencies Act: Ford

Commission lawyers Shantona Chaudhury and Jeffrey S. Leon wrote to lawyers representing three groups that have standing at the commission — the Ottawa Coalition of Residents and Businesses, the Canadian Constitution Foundation and the Canadian Civil Liberties Association — on Monday. The groups asked the commission to call Ford and Jones to appear.

"On Sept. 19, 2022, commission counsel requested an interview with them," the letter says, of Jones and Ford. "This request was refused. Commission counsel renewed this request a number of times; all requests were refused. Commission counsel then requested that Premier Ford and Minister Jones agree to testify before the commission, voluntarily.

"As of last week, the invitation to attend to testify before the commission has been declined 'for the moment,'" the letter from the commission lawyers continues. "It was our hope that Premier Ford and Minister Jones would agree to appear before the commission voluntarily. However, given that the repeated invitations were all declined, the commission has issued summons this day to Premier Ford and Minister Jones pursuant to Section 4 of the Inquiries Act."

A government source said the premier had not been asked to testify publicly — only to give the commission a private interview — when he spoke on Oct. 17.

A spokesperson for the attorney general said the government "will be seeking a judicial review to set aside the summons and receive a stay under the grounds the summons are inconsistent with the members’ parliamentary privilege."

"The commission’s mandate exists to examine the state of emergency declared by the federal government," said Andrew Kennedy in an email, adding that the province has produced "hundreds of documents including key cabinet documents."

"We believe that questions about Ontario’s institutional response will be sufficiently addressed by the testimony from the two senior officials already selected by the commission," he wrote. "Overall, our view has always been that this was a policing matter and the police witnesses that are testifying can best provide the commission with the evidence it needs."

Kennedy did not address iPolitics/QP Briefing's questions about the premier's claim he had not been asked to testify.

In a statement, the Canadian Civil Liberties Association (CCLA) thanked the commission for issuing the summons.

"It is regrettable but perhaps not surprising the premier and solicitor general refused to testify voluntarily," said Cara Zwibel, director of fundamental freedoms for the CCLA.

"It is extremely disappointing that Premier Ford and Minister Jones would challenge the summons in this manner," Zwibel said.

"That Ontario's leadership is not only unwilling to assist but actively obstructing the commission's work is an abdication of its responsibility to the people of Ontario," she continued. "We have seen this government resist transparency and accountability in many contexts, but this one is a particularly shocking example."

Emergencies Act inquiry summons Premier Doug Ford to testify

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