OTTAWA -- A national inquiry into the federal government鈥檚 use of the Emergencies Act to bring an end to the 鈥淔reedom Convoy鈥� trucker protests and blockades has been launched, with a mandate to examine the circumstances that led to the use of the Act, and the measures taken through it to deal with the emergency situation.
Prime Minister Justin Trudeau has named Paul S. Rouleau to lead the independent 鈥淧ublic Order Emergency Commission,鈥� which will be ongoing for the better part of the next year.
Rouleau, a long-time judge, will have to present his final report, including key findings and 鈥渓essons learned,鈥� to both the House of Commons and Senate in both official languages, by Feb. 20, 2023. He鈥檚 expected to weigh in on the 鈥渁ppropriateness and effectiveness鈥� of the measures taken by the government in its invocation of the Emergencies Act.
It will cover 鈥渢he evolution of the convoy, the impact of funding and disinformation, the economic impact, and efforts of police and other responders prior to and after the declaration,鈥� with the hopes of preventing similar events from happening again, according to a statement from the Prime Minister鈥檚 Office.
More specifically, this means the commissioner will be examining:
- the 鈥渆volution and goals鈥� of the protests, the organizers, and participants;
- the role domestic and foreign funding, including crowdsourcing, played;
- the use of social media and impact of sources of misinformation and disinformation;
- the economic and international impact of the blockades; and
- the 鈥渆fforts of police and other responders鈥� in the lead up to and following the declaration of an emergency.
In a statement, Rouleau said he鈥檚 looking forward to beginning the inquiry, and says he鈥檒l have more information on how the commission will function 鈥渋n the near future.鈥�
"I am committed to ensuring that the process is as open and transparent as possible, recognizing the tight timelines for reporting imposed by the Emergencies Act,鈥� he said.
The commissioner will have the power to decide who participates, summon witnesses under oath, and compel them to provide documents. In addition to the Government of Canada鈥檚 involvement, provincial and municipal governments鈥攏ot all who supported invoking the cross-country powers鈥� will be given an opportunity to have their say.
And, filing from the federal government that establishes the commission, the study will have access to federal finances and legal supports to complete its work.
Though, it also states that the commissioner has to 鈥減erform their duties in such a way as to ensure that the conduct of the Public Inquiry does not jeopardize, any ongoing criminal investigation or proceeding or any other investigation,鈥� while also taking 鈥渁ll steps necessary to prevent any disclosure of information to persons or bodies other than the Government of Canada that would be injurious to international relations, national defence or national security.鈥�
The launching of a national inquiry was . It stipulated that the inquiry had to be struck 60 days after a declaration of national emergency was revoked, or expired. Monday was the last day for the Liberals to announce this public inquiry under the law.
Speaking about the newly-launched inquiry, Public Safety Minister Marco Mendicino vowed Rouleau will have access to 鈥渃lassified documents鈥� as part of his work but would not specify if that included documents that are considered 鈥渃abinet confidences.鈥�
鈥淭his is not just about checking a box off, this is healthy for our democracy,鈥� the minister said, adding he remains confident that the government鈥檚 invocation of the wide-sweeping powers was justified. 鈥淚t was a necessary decision, it was a responsible decision, it was the right thing to do and we are certainly looking forward to co-operating.鈥�
In an interview on 麻豆影视 Channel鈥檚 Power Play, Conservative emergency preparedness critic and MP Dane Lloyd questioned the federal government鈥檚 commitment to transparency in this inquiry process. His party has called the parameters as set out an attempt to 鈥渨hitewash鈥� the invocation of the Emergencies Act, raising concerns about whether the Liberals will turn over all requested documents, something they鈥檝e stopped short of doing in past controversies.
鈥淚 think the consequence for Canadians is that it'll be a massive blow to our already [lagging] trusts in the institution of government,鈥� Lloyd said. 鈥淎nd I think, you know, having a commission that's open, that has access to all the evidence is going to be a critical part of rebuilding that trust with Canadians. Anytime you see the Liberal government saying they're going try to withhold documents or withhold evidence from this committee, or from this commission, that you're going to see that trust erode further.鈥�
In a statement, the Canadian Civil Liberties Association (CCLA) 鈥搘hich has over its use of the Act鈥� cautioned that the inquiry should not look primarily at the actions of the protesters. 鈥淭he requirement to call an inquiry was put into the Emergencies Act to ensure a robust examination of the government鈥檚 use of emergency powers. The broader context is important, but the government鈥檚 attempts to divert attention from their own actions is concerning,鈥� said director of the CCLA鈥檚 criminal justice program Abby Deshman.
Between late January and mid-February, protesters occupied downtown Ottawa and key border crossings across Canada were blockaded, cutting off millions of dollars in trade and shuttering numerous downtown businesses in the nation鈥檚 capital. The protests began as a rejection of federal COVID-19 vaccine mandates and restrictions, but some organizers expressed a desire to see the democratically-elected government overthrown.
After weeks of what Public Safety Minister Marco Mendicino described as 鈥渓awless鈥� behaviour and tormenting locals with incessant horn honking and threats, citing increasing concerns about the risk for violence, the federal government took the unprecedented step on Feb. 14 of invoking the Emergencies Act to remove the protesters who at that point were encamped in the downtown core with copious supplies and recreational equipment.
The temporary powers granted allowed officials to crack down on protesters鈥� access to funds; enabled the RCMP to have the jurisdiction to enforce local laws; designated critical infrastructure and services such as tow-truck operators; and imposed fines and imprisonment on participants who refused to leave the protest zone.
After large-scale police operations were undertaken in the capital between Feb. 17 and 20, numerous arrests were made, the rows of transport trucks were cleared out, and hundreds of charges were laid against protesters, Road closures and police checks of vehicles looking to enter the protest zone continued for days out of concern about protesters鈥� return.
On Feb. 23, Trudeau announced the revocation of the extraordinary national powers, saying that the situation was 鈥渘o longer an emergency.鈥�
Since the main protest in Ottawa was broken up, vehicle access to Wellington Street has remained largely restricted, with a small number of protesters still sporadically showing up in the area, typically on weekends. Banks have unfrozen supporters鈥� accounts, though court proceedings for some high-profile organizers continue to unfold.
The launch of the inquiry comes as the are preparing for another convoy set to roll into town this weekend, this time largely on motorcycles.
Mendicino said that federal law enforcement is aware of the plans for the 鈥淩olling Thunder鈥� demonstration, suggesting despite the review work ongoing, law enforcement lessons from the convoy protests are being taken into consideration in preparing for the incoming protesters.
This inquiry鈥攚hich will have its main office based in the National Capital Region鈥� is the second piece of post-declaration scrutiny being put into place.
This inquiry is the second piece of post-declaration scrutiny being put into place.
There is also a joint House and Senate multi-party parliamentary review committee that was struck in the aftermath of the protests.
It has a mandate to review the government鈥檚 actions starting on the day the Act was invoked, and ensure the government used its powers responsibly through the time it remained in effect. On Tuesday, after a slow start and a , the committee is slated to involved in the invocation of the Emergencies Act.
One of the committee's join chairs NDP MP Matthew Green told reporters on Parliament Hill Monday that he鈥檚 not concerned about undue overlap between the committee and the commission.
鈥淎s somebody who supported the invocation of the act, you know, we [the NDP] did so with the information that was made publicly available, but as we've come to find out and discover in the weeks after, there was a lot more going on, of which I think Canadians rightfully have the duty to know about,鈥� Green said.
Other parliamentary committees have also opted to pick up threads related to the protests, including the House Public Safety and National Security Committee, which is well into a study of the rise of ideologically-motivated violent extremism in Canada.
This is one element of the convoy that Canada has 鈥渁 lot to unpack鈥� when it comes to understanding what transpired, from the perspective of Trudeau鈥檚 top security adviser.
