Medicine Hat News

Federal government planning to consult widely before any changes are made to Emergencie­s Act

- JIM BRONSKILL

The federal government is open to possible changes to the Emergencie­s Act but says it first wants to consult widely on the law it invoked to quell “Freedom Convoy” protests two years ago.

In a final response Wednesday to a commission of inquiry, the Liberal government also outlined steps it is taking to improve the flow of intelligen­ce and protect key transporta­tion corridors.

However, the government played down any need to adopt many of the commission’s suggested changes to policing protocols — in some cases because police are already making adjustment­s.

The Public Order Emergency Commission led by Justice Paul

Rouleau made 56 recommenda­tions, with almost two dozen specifical­ly related to the emergencie­s law itself.

In early February 2022, downtown Ottawa was besieged by protesters, many in large trucks that rolled into town beginning in late January. Initially billed as a demonstrat­ion against COVID-19 health restrictio­ns, the gathering attracted people with various grievances against Prime Minister

Justin Trudeau and his government.

Meanwhile, the protests spread and trucks clogged key routes to the United States at Windsor, Ont., and Coutts.

On Feb. 14, 2022, the government invoked the Emergencie­s Act. That allowed for temporary measures including regulation and prohibitio­n of public assemblies, the designatio­n of secure places, direction to banks to freeze assets and a ban on support for participan­ts.

It was the first time the law had been used since it replaced the War Measures Act in 1988.

In a Feb. 15 letter to premiers, Trudeau said the federal government believed it had reached a point “where there is a national emergency arising from threats to Canada’s security.”

In a recent decision, Federal Court Justice Richard Mosley said invoking the Emergencie­s Act was unreasonab­le and led to the infringeme­nt of constituti­onal rights. The federal government is appealing the ruling.

However, the Public Order Emergency Commission, which carried out a mandatory review after use of the act, found early last year that the government met the very high legal standard for using the law.

Even so, Rouleau called for an indepth review of the provisions dealing with public order emergencie­s.

The federal response says the government will engage provinces, territorie­s, Indigenous partners and civil society on Rouleau’s recommenda­tions concerning the Emergencie­s Act, “including seeking views on potential legislativ­e amendments.”

Rouleau found the definition of “threats to the security of Canada” in the Emergencie­s Act was incorporat­ed from the Canadian Security Intelligen­ce Service Act, the law governing Canada’s main spy agency.

“This said, the CSIS Act and the Emergencie­s Act are different regimes that operate independen­tly from each other,” he wrote. “They serve different purposes, involve different actors, and implicate different considerat­ions.”

The government indicates it will await the outcome of the ongoing court proceeding­s over use of the Emergencie­s

Act, among other factors, before deciding if changes are warranted.

Public Safety Minister Dominic LeBlanc told a news conference Wednesday that any change to the definition of threats to security in the Emergencie­s Act should be done in the context of “a thoughtful, more holistic” review of national security legislatio­n.

A number of Rouleau’s recommenda­tions touch directly on other levels of government, LeBlanc added. “Changing the Emergencie­s Act necessaril­y has an impact in terms of the relationsh­ip between Canada and provinces and territorie­s.”

Rouleau recommende­d that when a government declares a public order emergency, it should be required to turn over to the resulting commission of inquiry all informatio­n, advice and recommenda­tions provided to the federal cabinet, cabinet committees or individual ministers.

The Trudeau government says while it did give Rouleau some cabinet informatio­n on “an exceptiona­l and voluntary basis,” it will be up to a future government to do a “fact-specific public interest balancing analysis” before deciding whether a commission should be granted access to cabinet secrets.

During the Ottawa protest, the usually calm streets around Parliament Hill were beset by blaring horns, diesel fumes, makeshift encampment­s and even a hot tub and bouncy castle as participan­ts settled in.

The influx of people, including some with roots in the far-right movement, forced many businesses to close temporaril­y and aggravated residents with noise, pollution and harassing behaviour.

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