It is now on or about day sixty-two of Russia’s invasion of Ukraine, and there were missile strikes throughout the country as Russian forces targeted Ukraine’s rail infrastructure, with a particular eye toward disrupting the ability to move weapons coming in from allied countries in the west toward their positions in the eastern part of the country. (This is the kind of operational security that is at stake when our government won’t give specifics about their weapons shipments). As well, the American officials who just visited Kyiv have said that more weapons are on the way, and that they are hoping to resume activity in their embassies within the country within the next few weeks, and hopefully in Kyiv itself, which would be a major symbolic move (and yes, Canada is making its own considerations for resuming activities, depending on the security situation).
Closer to home, the government waited until the very last moment to launch the public inquiry into the use of the Emergencies Act, as the Act stipulates. Justice Paul Rouleau of the Ontario Court of Appeal will head the inquiry, and has 300 days to table his final report in Parliament. While I have a column that delves further into this, I did want to put a few comments here, from national security experts Jessica Davis and Leah West, about particular observations they have about the terms of reference for this inquiry:
On @PnPCBC with @VassyKapelos Minister @marcomendicino stated that the inquiry into the use of the Emergencies Act would have access to classified intelligence.
— JMDavis (@JessMarinDavis) April 25, 2022
In the OIC, the language is about information that is injurious to international relations, national defence, or national security.
— JMDavis (@JessMarinDavis) April 25, 2022
This raises the question about who will be adjudicating the release of information, and whether the classification standards, or the OIC standards, prevail.
— JMDavis (@JessMarinDavis) April 25, 2022
Negative, order is missing: (1) any language about receiving classified or privileged information in camera, (2) stated goal of maximizing public disclosure of info, including use of summaries etc where info would otherwise be privileged or injurious.
— Leah West (@leahwest_nsl) April 25, 2022
Could be a problem for transparency given the emergency was invoked due to a threat to the security of Canada, one could expect classified intelligence to be central to determining the extent of the threat and the necessity and effectiveness of the measure imposed.
— Leah West (@leahwest_nsl) April 25, 2022