The commission’s formal launch this morning kicks off what is expected to be a politically tense six weeks as the inquiry hears from federal government representatives about why they felt they had to invoke the never-used Emergency Act and from those who believe that was a step too far. Ontario Court of Appeal Judge Paul Rouleau has been selected to lead the inquiry. He began the morning by passing the order of the committee. The committee – officially titled the Public Order Emergency Committee – will also present thousands of documents over the next six weeks. Lawyer Paul Champ, who represents a coalition of community associations and business improvement districts in downtown Ottawa, has already seen some of those documents. While he is prohibited from talking about their contents, he said they do not flatter the various levels of government and law enforcement involved. “I think there’s going to be a very disturbing story that’s going to be told,” he said. “I think we’re going to see where some of the balls fall. We’re going to see that there was a lot of disagreement, there was a lot of disagreement and dysfunction between the main actors. And it’s going to be quite the story.” Police enforce security measures against protesters on February 19 in Ottawa. Some of the protesters had been camped out in their trucks near Parliament Hill for weeks. (Evan Mitsui/CBC) Champ said his clients are not going to take a stand on the invocation of the emergency law. He said they want to make sure the official record reflects what people in Ottawa experienced during the three weeks when protesters used trucks and other vehicles to block some of the city’s main arteries and neighbourhoods. “I don’t think people really realize how traumatized and frankly terrified the people of Ottawa were,” he said. “Public services were completely disrupted. Ambulances found it difficult to reach the city center. Buses stopped, Para Transpo stopped. Elderly, disabled people were significantly affected. “People were held hostage in their homes. And we want to make sure that story is told.”
Trudeau defends decision to invoke emergency law
The commission is the first of its kind in Canada and is a legal requirement under the Emergency Act. Through an order in council, the commission was directed to examine the circumstances that led to the declaration of a state of emergency and consider the following issues:
Escort development and goals and exclusions, leadership, organization and participants. The impact of domestic and foreign funding of protests, including money from crowdsourcing platforms. The impact, role and sources of misinformation and disinformation related to the protests, including the role played by social media. The effects of foreclosures, including their economic impact. And the actions of the police and other responders before and after the statement.
Prime Minister Justin Trudeau continued to defend his government’s decision to invoke the Emergency Act on February 14, saying it was necessary “to get the situation back under control.” Invoking the act gave authorities new powers, including the power to ban travel to protest zones, ban people from bringing minors to illegal gatherings and tow trucks. “That’s exactly what we did,” Trudeau said at a news conference Wednesday. “Last winter’s convoy blockades massively disrupted the lives of Ottawa residents, people who rely on supply chains coming across the border. It was something Canadians experienced with real concern, so we moved forward with measures that they should not be taken lightly.” WATCHES | Trudeau says use of emergency law was “necessary”:
Trudeau says use of emergency law was “necessary to restore order” in Ottawa and the country
As the inquiry into Ottawa’s use of emergency legislation to clear protesters is set to begin Thursday, Prime Minister Justin Trudeau says he’s looking forward to appearing before the committee to answer questions. Hatim Khair, a lawyer with the Justice Center for Constitutional Freedoms, said he believed the government had not met the legal threshold to invoke the act, making the measures imposed under the law illegal. “The government’s invocation of emergency law is a threat to our very system of government,” he said. The Justice Center for Constitutional Freedom is one of several organizations with a seat on the committee. The stay gives these agencies certain privileges in the investigative process, such as the ability to nominate or cross-examine witnesses. It also means that they are notified in advance of the documents submitted as evidence.
The Commission gains access to high-level documents
While the commission’s eventual recommendations won’t carry much legal weight, Kheir said the witness statements and recorded evidence — combined with the fact that it will be broadcast live daily — will bring clarity to what happened last February. “The government will have to face the reality of trying to justify its actions,” he said. “It is not going to have the force of law, but it may have a persuasive effect. It will also be informative to the public.” At Rouleau’s request, the Liberal government waived cabinet confidence in documents related to the invocation of the act. It is only the fourth time in Canadian history that a public inquiry has accessed high-level documents. A lawyer for the Canadian Civil Liberties Association, which is taking the government to court over its use of the Emergency Act, said she fears those sensitive documents will not be made public. “We’re going to the committee with an open mind, but, in our view, the government has yet to demonstrate that the legal threshold for invoking the act has been met,” Kara Zwiebel said at a press conference on Wednesday. Police officers push back protesters in front of the Canadian Senate building in Ottawa on February 18. (Evan Mitsui/CBC) “And the onus is on them. Not the other way around.” The commission is expected to hear from 65 witnesses over the next six weeks, including Trudeau, cabinet ministers, government officials from Ontario and Alberta and convoy organizers, including Tamara Lich, who was in the room for Thursday’s unveiling, and Pat King. The commission will also hear from a number of police and security officials, including former Ottawa police chief Peter Sloly, RCMP Commissioner Brenda Lucki, Canada’s spy agency chief David Vigneault and the head of its Integrated Threat Assessment Center government. Rouleau began the proceedings with an opening statement, which will be followed by presentations and overview reports by the commission’s attorneys summarizing the preliminary events. During its first phase, scheduled to end on November 25, the committee will meet for six weeks. After the end of the first phase, the commission will start a policy phase during which it will host roundtables with policy experts. Rouleau’s final report is expected in February — a commitment the Commission acknowledges will be taxing. “The committee is not aware of any precedent for a public inquiry of this scope being conducted in this short period of time,” according to a document on the committee’s website. “The committee recognizes this challenge.”
