Treating the Cabinet as de facto making the decision of the Governor in Council is particularly important in the within proceeding because of the way in which the Emergencies Act was actually invoked. [...] The decision in terms of invocation was left with the -- was left ad referendum to the decision of the Prime Minister following his consultation with the leaders of the provinces and territories amongst other deliberations that he might undertake.13 The Cabinet could not have delegated the power to invoke the Emergencies Act to the Prime Minister unless it possessed this power. [...] 8), the Clerk testified before the Public Order Emergency Commission that on February 13 the Cabinet delegated to the Prime Minister the authority to make the final decision to invoke the Emergences Act, which he did on February 14. [...] In these circumstances, the Moving Parties question how the Attorney General can credibly advance the argument that the memorandum was not before the decision-maker, or the argument that it should be discounted because it was only “for the purpose of individual consideration and use by [a] single minister”.17 The Invocation Memorandum was before the key minister, the Chair of the Cabinet, the Prim. [...] The broad mandate of the Commission is also reflected in the decision to constitute the Commission under the Inquiries Act, which is designed for inquiries on matters “connected with the good government of Canada or the conduct of any part of the public business thereof”.24 27.
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