Eight months after COVID-19 vaccine mandate protesters disrupted parts of downtown Ottawa, a public inquiry has opened public hearings as it probes the federal government’s unprecedented use of emergency powers to clean up the capital .
The official launch of the Public Order Emergency Commission this morning kicks off what is expected to be six weeks of political tension as the inquiry hears from federal government representatives about why they believed they had to invoke the Emergency law never used, and those who argue. it was a step too far.
Invoking the act gave authorities new powers that allowed them to freeze the finances of those involved in blockades and protests, ban travel to protest areas, ban people from bringing minors to illegal gatherings and order tow trucks .
The start of the inquiry saw some of the key players airing sometimes conflicting views on that decision and what happened in Ottawa last winter.
Ontario Court of Appeal Judge Paul Rouleau, who has been chosen to lead the inquiry, began the morning by explaining the commission’s mandate and the challenges it faces.
“A commission’s recommendations can be modest or far-reaching. They can be aimed at various audiences, including government, public bodies and the private sector,” the commissioner said.
“It is also important to understand what commissions of inquiry do not do. They do not make determinations of legal responsibility. They do not determine whether individuals have committed crimes. While investigations seek to uncover the truth, they are not trials. Civil and civil matters. criminal responsibilities are decided by the courts and not by the commissions.”
LOOK | Ontario judge says investigations ‘not trials’
In opening comments of Emergency Act inquiry, Ontario judge says inquiries ‘not trials’
On the first day of the inquiry into the use of Emergency Act earlier this year to clear Ottawa of protesters, Ontario Court Justice Paul Rouleau says the inquiries are not intended to judge the crimes for anyone involved.
The commission will introduce thousands of documents over the next six weeks as it examines the timeline of events leading up to the invocation of the act, the legal framework for the legislation and the government’s rationale.
Lawyer Paul Champ, who represents a coalition of community associations and business improvement areas in downtown Ottawa, has already seen some of those documents. While he is prohibited from discussing their contents, he said they were not flattering to the various levels of government and law enforcement involved.
“I think there’s going to be a very disturbing story to tell,” he said.
“I think we’re going to see where some of the balls fall. We’re going to see that there were a lot of disagreements, there were a lot of arguments and dysfunction between the key players. And it’s going to be quite a story.”
The opening day saw battle lines take shape as lawyers for key players, including the federal government, the provinces of Alberta and Saskatchewan, Ottawa police and protest organizers, made brief opening remarks.
“It’s important that Canadians understand the unprecedented critical situation that faced the country at the beginning of the year,” Robert MacKinnon, a lawyer for the federal government, said during his time at the podium.
Final preparations are being made before the start of the Emergency Public Order Commission in Ottawa on October 13, 2022. (Sean Kilpatrick/The Canadian Press)
“Government witnesses will outline the deliberate step-by-step process in which all available options were carefully considered, leading to the declaration of a public order emergency as a last resort.”
A lawyer for the convoy organizers said the government never met the legal threshold for invoking the act.
“In our view there was no justification for invoking the Emergency Act,” said Brendan Miller.
“The government exceeded its jurisdiction both constitutionally and legislatively.”
Sloly’s lawyer blames limited resources and intelligence
Tom Curry, one of Peter Sloly’s three lawyers, said the former boss would provide “first-hand knowledge of how events unfolded”.
Sloly resigned amid the Freedom Convoy protest as frustrations mounted over how the protest was handled after trucks were allowed to park on downtown streets, blocking the capital.
“In particular, it will tell you the limited resources available to the Ottawa Police Service to deal with a massive occupation. The limited nature of the intelligence available to OPS about what was approaching Ottawa,” he Curry said.
“He will also tell the commissioner why he indicated on February 7 that there may not be a policing-alone solution to the occupation.”
Ottawa Police Chief Peter Sloly listens to a reporter’s question at a news conference about updated enforcement measures as a protest against COVID-19 restrictions continues into its second week in Ottawa. on Friday, February 4, 2022. (Justin Tang/The Canadian Press)
A lawyer for the Ottawa Police Service said it was “impossible to assess” the number of vehicles and participants in the crowd.
“Ottawa police, you will hear, followed this well-established process that had always worked with protesters this time as well, and they were prepared for an event, but not for the event that happened,” said David Migicovsky .
“The protest became dangerous and the situation became volatile.”
The people of Ottawa were “terrified” – lawyer
Another law enforcement agency says it was engaged with the protesters.
“You will hear that the OPP was engaged long before the Freedom Convoy reached the Ontario border,” said Chris Diana, a lawyer for the Ontario Provincial Police.
“You will hear about the OPP’s intelligence gathering process and how the OPP disseminated intelligence to its law enforcement partners and the timing of sharing that information as the convoy moved across Canada “.
Champ said his clients will not take a position on the invocation of the Emergency Law. He said they want to make sure the official record reflects what the people of Ottawa experienced during the three weeks when protesters used trucks and other vehicles to block some of the city’s major arteries and neighborhoods.
“I don’t think people really understand how traumatized, and frankly terrified, the people of Ottawa were,” he said in an interview with CBC on Wednesday.
“Public services were completely disrupted. Ambulances had difficulty getting to the city center. Buses stopped, Para Transpo stopped. The elderly, the disabled were very affected.
“People were held hostage in their own homes. And we want to make sure that story is told.”
The protests began in opposition to the federal government’s vaccination mandate for cross-border truckers. It has since expanded into a movement against broader public health measures to limit the spread of COVID-19, including provincial mandates.
While the heart of the protest was in Ottawa, the blockades on the border between Canada and the United States in Windsor, Ont. and Coutts, Alta. it was also played, causing financial concerns.
Trudeau defends the decision to invoke the Emergency Act
The commission is the first of its kind in Canada and is a legal requirement under the Emergencies Act. By means of a decree, the commission has been responsible for examining the circumstances that gave rise to the declaration of public emergency and to examine the following questions:
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The evolution and objectives of the convoy and the blockades, its leadership, organization and participants.
- The impact of domestic and foreign funding on protests, including money from crowdsourcing platforms.
- The impact, role and sources of misinformation and disinformation associated with the protests, including the role played by social media.
- The impact of blockades, including their economic impact.
- And the actions of the police and other responding officers before and after the statement.
Prime Minister Justin Trudeau has continued to defend his government’s decision to invoke the Emergency Act on February 14, saying it was necessary “to bring the situation back under control.”
“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, of people who depend on supply chains that cross borders. It was something that Canadians experienced with real concern, and that’s why we moved forward with measures that should not be taken lightly.”
LOOK | Trudeau says use of Emergency Act was “necessary”:
Trudeau says use of Emergency Act was “necessary to restore order” in Ottawa and the country
With the inquiry into Ottawa’s use of the Emergency Act to clear protesters set to begin Thursday, Prime Minister Justin Trudeau says he expects to appear before the committee to answer questions.
Hatim Kheir, a lawyer at the Justice Center for Constitutional Freedoms, said he believes the government did not meet the legal threshold for invoking the act, making such measures illegitimate under the law.
“The government’s invocation of the Emergency Act is a threat to our very system of government,” he said.
The Justice Center for Constitutional Freedom is one of the many organizations that have a presence on the commission. Standing gives these organizations certain privileges in the investigative process, such as the ability to suggest or cross-examine witnesses. It also means that they are given advance notice of the documents being submitted as evidence.
The Commission has access to high-level documents
While the commission’s eventual recommendations won’t carry much legal weight, Kheir said the testimony of witnesses and the evidence that will be put on the record, along with the fact that it will be broadcast live daily, will shed light on what happened last February . .
Police enforce a court order against protesters on February 19 in Ottawa. Some of the…