The Liberal government missed a deadline in 2022 to respond to the findings and recommendations of Justice Paul Rouleau, who led the government’s first and only federal inquiry into its application of emergency laws.
A year ago, Mr. Rouleau published his final report on the government’s decision to declare a state of security emergency during the handover period. Protesters calling themselves the “Freedom Convoy” clogged roads around parliament and blocked border crossings.
Mr. Rouleau acknowledged that the government was justified in invoking the law on February 14, 2022, but made 56 recommendations for the future, including several proposed amendments to the law itself.
He ordered the government to respond to these recommendations within 12 months, clarify which ones they will implement and provide a timeline.
Mr. Rouleau did not impose any penalties for the missed deadline, nor was it legally binding.
The Public Security Minister’s Office said it would have more information about the government’s response “in the near future” and did not provide a valid reason for missing Rouleau’s deadline.
One possible challenge to this response is a federal court ruling in January that contrasts with Rouleau’s conclusions. The government argued that the government’s use of the emergency law violates the Canadian Charter of Rights and Freedoms.
Prime Minister Justin Trudeau declared a state of emergency just over two years ago after thousands of protesters holed up in the streets of downtown Ottawa for weeks. They used big rigs and other vehicles to demonstrate their opposition to the Trudeau government and COVID-19 public health restrictions.
A federal judge says the Canadian government’s use of emergency laws to remove protesters known as the Freedom Convoy from Ottawa in early 2022 was unjust and violated their Charter rights. Andrew Chan details the government’s reasoning for invoking the law and the judge’s arguments against it.
Spin-off protests also shut down U.S. border crossings and various state capitols.
The state of emergency gives the government, police, and banks unprecedented powers to restrict demonstrators’ right to freedom of assembly, freeze bank accounts, and force cooperation from private companies, all in an effort to quell demonstrations. It was done for the purpose of
This is the first time this law has been invoked since it replaced the War Measures Act in 1988, and a number of subsequent investigations and court challenges have set the legal standard for applying the law in the future. It means to set a precedent.
When Prime Minister Trudeau invoked the emergency law, two investigations built into the law were launched. It is a Congressional committee tasked with investigating federal investigations and how special powers given to the federal government are used.
The committee was established in March 2022 and has held more than 20 meetings, but has yet to submit a substantive report. Its work is hampered by a large backlog of documents that must be translated into both official languages before it can be considered.
The translation work is expected to cost hundreds of millions of dollars, and lawmakers have expressed frustration over delays.
The Federal Court’s ruling further complicated matters this week as Conservative MP Glenn Motts called for several ministers to be removed by the committee for a second time.
He also asked for more information about the legal advisers’ cabinet used in making the decision to use the bill to quell protests.
“Was this legal? Was it in accordance with the rules of the law? Was it in compliance with the Charter? All of those things need to be investigated as a committee,” Motz said at Tuesday’s committee meeting.
