Commission Rules Trudeau Was Justified in Invoking Emergencies Act

Commission says "Freedom Convoy" demonstrations met the threshold for invoking the Emergencies Act

The Public Order Emergency Commission says Prime Minister Justin Trudeau was justified in invoking the Emergencies Act in response to "Freedom Convoy" demonstrations in Ottawa and border crossings. 

"Lawful protest descended into lawlessness, culminating in a national emergency," said Commissioner Paul Rouleau.

The commission says while the prime minister met the bar for invoking the powers, it could have been avoided if it wasn't for "a series of policing failures" and all levels of government failing to "rise above politics."

Trudeau invoked the act on February 14th, 2022, to end protests that had blocked the streets of downtown Ottawa for about a month. 

Demonstrators were protesting against the government's response to the COVID-19 pandemic, including vaccine requirements. 

By invoking the act, law enforcement was given extraordinary powers to remove and arrest protesters. 

Authorities also had the power to freeze the finances of participants and get tow trucks to remove vehicles belonging to protesters. 

Under the law, a national emergency is defined as a situation that "cannot be effectively dealt with under any other law of Canada."

In addition, the Canadian Security Intelligence Service Act states a public order emergency can only be invoked when there is "a threat to the security of Canada."

Recommendations included in the report include the following: 

• Consider creating a single national intelligence coordinator for major events that span the nation or cross interprovincial jurisdictions;
• Develop national standards for policing major events and establish a nationally-lead major event management unit;
• Consider whether a federal department or agency should be responsible for monitoring and reporting on social media;
• Identify critical trade corridors and infrastructure and work across jurisdictions to establish protocols to protect them; and
• Make a series of changes to the 1988 Emergencies Act including giving the commission power to order the production of documents and extending the amount of time provided to complete its work.