The commission — tasked with determining whether the federal government is justified in invoking the Emergency Act to end the procession protest — heard about plans by Ottawa police, the Ontario Provincial Police and the RCMP to control the crowd and the clearing of protesters and their vehicles after they had locked down Ottawa for weeks. Supt. Robert Bernier, who took over as event commander on Feb. 10 and was responsible for strategic operational planning for the event, told the inquiry that he did not need to rely on the powers granted under the federal Truck Safety Act. But an exchange at the inquest hearing on Wednesday offered a different view. Some of these towing companies feared they would be targeted by protest supporters. At least one tow truck operator in Ottawa reported receiving hundreds of calls — including death threats. Bernier said the OPP was able to secure 34 trailers with willing drivers through about Feb. 13 as part of their plan to end the protest. Police had promised to put a police emblem on the trucks and cover up other company markings to preserve the anonymity of the drivers and their employers, he said.
Federal authorities forced tow trucks: lawyer
On cross-examination, Donnaree Nygard, a lawyer for the federal government, asked Bernier if he knew the 34-truck bond had failed. “I wasn’t made aware of that,” Bernier said. Nygard entered into the record a Feb. 17 letter showing that OPP Commissioner Tom Carrique referenced the Emergency Act in his communications with towing companies. Ottawa Police Superintendent Robert Bernier answers questions as he appears as a witness before the Public Order Emergency Committee on Oct. 25, 2022, in Ottawa. (Adrian Wyld/The Canadian Press) “This is new to me,” Bernier said Wednesday. In a Feb. 22 letter — written after police moved to clean up Ottawa’s streets — Carrique told Ontario deputy attorney general Mario Di Tommaso that the towing industry was “very reluctant” to help police and that they were looking “an unusually broad and high risk compensation from the province for loss and damage”. That request included damages for future retaliation. Karik said this would require the finance minister’s approval and would take time. In the letter, entered into evidence on Wednesday, Carrique also said securing deals with towing companies would require separate agreements. Again, the OPP chief warned there was not enough time before the planned police operation. Carrick is scheduled to testify before the committee on Thursday.
Bernier was not sure the act was necessary
In an interview with the committee before his testimony, Bernier called the emergency law measures helpful, but said he was already planning a police operation when he invoked the law. On Wednesday, committee attorney Frank Au asked if he believed the federal act was necessary to remove the protesters. “Hard to say. I couldn’t do the surgery without it,” Bernier replied. “I don’t know what complications I would have if the common law didn’t exist and wasn’t used.” Bernier told the committee this summer that powers granted under the Emergency Act had helped police take “a much stronger stance at exclusion zone checkpoints” and helped them carry out the plan with less pressure from crowds , according to the witness interview. Before invoking the act, Bernier was working on a plan to restore public order and tow away vehicles blocking the streets. By that point, the Ontario government had declared a state of emergency. Bernier testified that his plan was not based on powers granted to him by the provincial government.
Bernier was disappointed with Sloly
During that time, Bernier said, he tried to distance himself from Ottawa Police Chief Peter Slowey so he could have space to develop an operational plan and make decisions. He said Sloli was acting behind the scenes to direct operations, including efforts to close inter-provincial bridges. Bernier said Sloli wanted Ottawa police lawyer Christine Huno to review his plan before approving it. According to a summary of an interview he gave to the committee this summer, Bernier was “disappointed in Chief Slowey’s direction, which he viewed as an inappropriate interference in his role as event commander.” The foreman suggested that Sloly felt challenged by the new design, as he threw another design that Sloly had helped create out the window. WATCHES | ‘Hard to say’ — OPS Superintendent Robert Bernier asked if emergency law was necessary
‘Hard to say’ — OPS Superintendent Robert Bernier asked if emergency law was necessary
Bernier says it’s hard to speculate on how his police operation would have turned out if the government hadn’t invoked the Emergency Act to truck the protesters out of Ottawa. In documents filed in the investigation, Sloly denied asking Huneault to approve the business plan and suspend the process. “[Sloly] he never intended for there to be a delay in implementing the business plan,” said a summary of interviews the former chief gave to the committee over the summer. On February 14, the federal government invoked the Emergency Act. Sloly resigned the next day. Bernier said he did not know at the time that the act was going to be invoked or that Sloli would resign. Ottawa police and representatives of other police forces came up with what they called the February 17th Plan. He outlined four operational phases: securing resources, slow, methodical action to end the occupation, keeping the core of the city free from illegal activity, and returning the city to normalcy. Police continue to push back protesters in Ottawa on Saturday, February 19, 2022. (Evan Mitsui/CBC) Bernier told the committee that, up until that point, he had gotten all the officers he needed to implement the plan, including multiple tactical units and SWAT teams. “If I hadn’t [the Emergencies Act] in this way how would it be? Hard to say,” he said. Bernier later said on cross-examination that he agreed interim chief Steve Bell when he said Ottawa police, OPP and RCMP could clear the crowds without the act.
OPS programming was challenged
Bernier told the inquest Tuesday that he had read intelligence reports about the convoy — compiled by the OPP under the title Project Hendon — before the protesters arrived in Ottawa. A Hendon report from January 27 said some protesters planned to remain in Ottawa until their demands were met, that some hoped to force a change in government, and that some held anti-government views. Bernier said he tried to raise it with his superior. “He told the Superintendent [Robert] Drummond that there appeared to be a curious disconnect between the information contained in the Project Hendon reports and the OPS preparations,” said a summary of the interview he gave to the committee in August. Drummond represented Ottawa police liaison teams and public order units during the procession. He told the committee he did not recall anyone raising concerns. Drummond testified before the inquiry on Wednesday. He supported Bernier’s contention that Sloly was acting outside the normal chain of command and that it was unusual for a police chief to direct enforcement at the operational level.
