Annual Report 2022
CHAIRPERSON'S ANNUAL REPORT
October 10, 2022
2022 YEAR IN REVIEW
I would like to express what a great honour it has been for me to be the Chairperson for the Canadian Justice Review Board for the past 2 years. Thank you all for this opportunity as it has opened the doors, hearts and eyes of some and has grown my confidence. Most certainly I had previously had the ear of some Senators and elected officials, but since 2020 the those doors and avenues seem to be a little more open. It is my privilege to hand the reins to the next Chairperson Glenn Lucas with a warmth and assurance that we will continue to assist Canadians, in our own very special way.
Again, this has been a very different and, to some, difficult year for Canadians. To recap…
Emergencies Act
As we had seen, the Federal government implemented the Emergencies Act to put down the protests in Ottawa, and we did our part to express that this action was unnecessary. Not only did I send correspondence to the Governor General but we also contacted members of the Senate to ensure Canadians, of all demographics, understood that this was unwarranted. The current Judicial Inquiry into the matter may come to the same conclusion that Section 3 of the Emergencies Act that lays out the criteria which must be met was not met. Time will tell.
Hopefully the Inquiry will point out that in regard to the Emergencies Act there are a number of sections where it is the G.G.’s legislative right to revoke, by proclamation, the declaration. In the end, this was not necessary because as soon as it appeared that the Senate would not pass the legislation Trudeau withdrew it. Since the Senate did not pass it, there remains an open question of whether it could have had legal force and effect. Perhaps the inquiry will touch on this as well.
Bill C-11
On or about May of 2022 the CJRB sent in comments on Bill C-11 – “An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.”
Our focus was to “address the government's sleight-of-hand in proposing to delegate powers to an unelected Canadian Radio-television and Telecommunications Commission (CRTC) which precludes Parliament from the necessary oversight. Allowing the CRTC powers of censorship without Parliamentary oversight opens a door to Canadians being caught up in an undemocratic censorship regime that so many Canadians and industry representatives find offensive and improper. It seems clear from the Constitution that it is Parliament that is to create law and not bureaucrats. There were of course many other presenters with expertise such as Dr. Michael Geist who raised very serious objections to the Bill as being a political tool by which the current government can limit and control the information available to the public, and restrict it to only the government's narrative. In my view, this is not consistent with Canada's long traditions enshrined in the Charter of Rights and Freedoms.
Fortress Real Developments Inc.,
Congratulations goes out to our colleague David Franklin for his successful push for an RCMP fraud investigation that included the OPP as well. The CJRB posted this news on Facebook where it received one of the highest circulations and shares of any other posting this year.
Assessment Review Board
Our colleague Glenn Lucas has continued to inform all of us about the new procedures and restrictions pertaining to the Assessment Review Board (ARB) and its hearings. His expertise on this subject will come into focus when the new 2023 assessments are implemented. As per Glenn's previous advice, the Ontario Government instructed MPAC to freeze assessments at the January 1, 2016 evaluation, but (unless the government decides otherwise) there will be new assessment as of January 1, 2023.
Elizabeth Marshall for Mayor
As some of you may know, I decided to run for Mayor in my community. I believe that there are a number of issues and policies that are amiss in my pleasant little town and consequently quite a few residents asked if I would run. Rather than have anyone proclaimed, I feel that I have a duty to insure the the next mayor is elected. Following my announcement it has now become a 4 way race.
Thank you all, again, for all of your hard work and support during my 2-years as the CJRB's chairperson.
Sincerely
Elizabeth Marshall
Chairperson