Commission says federal government was justified in invoking Emergencies Act

A public commission has determined the Canadian government was justified when it invoked the Emergencies Act to deal with the so-called Freedom Convoy in Ottawa.

In the report it issued Friday, the Public Order Emergency Commission said the Liberal government met the “very high threshold” for invoking the act last February to deal with COVID-19 protesters.

Justice Paul Rouleau said in the report that a series of policing failures and a “failure of federalism” led to a situation that spun out of control in downtown Ottawa.

“After careful reflection, I have concluded that the very high threshold required for the invocation of the act was met …,” Rouleau said during a media conference.

“I do not come to this conclusion easily, as I do not consider the factual basis for it to be overwhelming. Reasonable and informed people could reach a different conclusion (from) the one I’ve arrived at.”

Speaking later Friday, Prime Minister Justin Trudeau defended invoking the Emergencies Act.

“In our country, everyone has the right to protest peacefully. That’s a fundamental right that government will always defend,” Trudeau said. “Here in Ottawa, people are used to political activity and protests on Parliament Hill, but as (Rouleau) said, lawful protests descended into lawlessness culminating into a national emergency.”

Outside of the protests in Ottawa, he pointed to other protests happening at the Ambassador Bridge in Windsor and in Coutts, Alta., as to why he had to invoke the act.

“Each day at the Ambassador Bridge, there is $300 million of merchandise that transits between Windsor and Detroit. The fact to block that bridge was unacceptable,” he stated.

“At Coutts in Alberta, guns were found at the blockade. There was a real risk that people promoting ideologically motivated violent extremism can act out or they could inspire others to act out against their fellow citizens. The situation was volatile and out of control.”

By invoking the Emergencies Act, Trudeau was able to help put the blockades and occupations to an end.

“Let’s be clear: We didn’t want to have to invoke the Emergencies Act; it’s a measure of last resort. But the risk to personal safety, livelihoods, and equally the risk of people losing faith in the rule of law that upholds out society and freedoms, those risks were real,” he said.

The report provides recommendations and Trudeau said his government will issue a public response to the commissioner’s recommendations.

Rouleau concluded the government was justified based on the magnitude of the protest, but he called its invocation “regrettable” because he believes it could have been avoided.

“When the decision was made to invoke the act on Feb. 14, 2022, cabinet had reasonable grounds to believe that there existed a national emergency arising from threats to the security of Canada that necessitated the taking of special temporary measures,” he said.

Trucks from across the country rolled into the nation’s capital and blocked streets in the downtown core, most notably on Wellington Street in front of Parliament Hill.

Trudeau eventually invoked the act, and the House of Commons passed a motion to confirm the declaration of emergency powers.

Using powers under the act, police cleared out truckers opposed to COVID vaccine mandates as well as other protesters from downtown Ottawa.

The act gives more powers to police to fine and arrest people, while granting certain powers to the federal government on a temporary basis that it might normally need approval from Parliament or the provinces for.

Rouleau said most of the emergency measures were appropriate and reasonable, while describing others — such as the power to suspend vehicle insurance — as counterproductive.

He said blame for the response to the convoy that eventually led to the use of the act could be shared by police and politicians alike.

“The response to the Freedom Convoy included a series of policing failures, though I have also identified sound practices employed by some police services in their response …,” he said. “Some of the missteps may have been small, but others were significant. Taken together, they contributed to a situation that spun out of control.

“The failures were not only in policing. Preparing for and responding to situations of threat and urgency in a federal system requires governments at all levels and those who lead them to rise above politics and collaborate for the common good. In January and February 2022, this did not always happen.”

The 2,000-page report calls the convoy a “singular moment in history,” exacerbated by the COVID pandemic as well as online misinformation and disinformation.

Rouleau said he didn’t accept the testimony of protest organizers who described the demonstrations as lawful and peaceful.

Hundreds of witnesses testified during hearings held by the commission. The final report made 56 recommendations directed at improving police operations and the use of the act itself.

— With files from The Canadian Press