Question Period Note: Emergencies Act

The Government of Canada invoked the Emergencies Act in February 2022 in response to illegal occupations, blockades of infrastructure, and non-peaceful protests across Canada.

• Invoking the Emergencies Act on February 14th was a difficult but necessary decision made in the best interest of Canadians.

• It reflected the severity and length of unlawful blockades, illegal occupations and non-peaceful protests across Canada.

• The Emergencies Act was only applied as long as it was needed. It was revoked on February 23, nine days after its proclamation.

• The Emergencies Act was essential to bring about the peaceful conclusion of the illegal blockades, deter unlawful actions, and encourage peaceful protests.

• Going forward, the Government is fully committed to supporting the work of the Public Order Emergency Commission, whose public report on the use of the Emergencies Act is expected by February 2023.

The freedom of expression and peaceful assembly are protected under the Canadian Charter of Rights and Freedoms (the Charter). However, these rights are not absolute and are subject to reasonable limits that can be justified under section 1 of the Charter. The protest activities that were seen across Canada in Winter 2022 related to the Freedom Convoy resulted in illegal blockades, disruptions to people’s lives and the movement of goods, and the occupation of Ottawa. This created a critical, unique, and urgent but temporary situation that was national in scope, which could not be effectively dealt with under existing laws of Canada.

The length of time of these illegal blockades and disruptions – over 21 days for Ottawa, 8 days for the blockade of the Ambassador Bridge in Windsor, Ontario, and 17 days for the blockage of the Coutts, Alberta border crossing – created significant adverse effects on the Canadian economy and individual liberties of citizens, at a time when the country was still recovering from the impact of the COVID-19 pandemic. The illegal protests and blockades impacted businesses and manufacturers, and disrupted critical supply chains.

On February 14, 2022, the Government of Canada announced it was declaring a public order emergency under the Emergencies Act. With this declaration, Emergency Measures Regulations (EMRs) and Emergency Economic Measures Order (EEMO) were put in place. These provided law enforcement with additional tools to resolve illegal blockades and the occupation of Ottawa. On February 23, 2022, the declaration of emergency was revoked, and all measures and orders ceased to be in effect.

Existing Tools Available to Address Blockades and Illegal Protests

Prior to invoking the Emergencies Act on February 14, 2022, law enforcement had certain tools available to them in addressing the illegal protests and blockades. These tools included recourse pursuant to the Criminal Code as well as provincial and municipal statutes to address traffic and noise violations. However, despite the existing tools, the situation was rapidly evolving and escalated to the point where new measures were required to address the illegal occupations, blockades of infrastructure, and non-peaceful protests. The new measures that were introduced through the Emergencies Act provided new tools to help law enforcement effectively address this unprecedented public order emergency. These new measures were aimed at prohibiting non-peaceful public assembly in order to prevent the interruption of movement of people, goods, or trade. New measures also aimed at preventing the interference with critical infrastructure, or promoting violence against a person or property. The measures strengthened the ability to impose fines or imprisonment, and to secure and protect critical infrastructure, including border crossings and airports. The new measures also provided additional resources to local law enforcement by enabling the RCMP to enforce provincial and municipal bylaws where requested.

Studies and Inquiries on the Emergencies Act

On April 25, 2022, the Government of Canada established the Public Order Emergency Commission (POEC), led by the Honorable Paul S. Rouleau, to examine and report upon the circumstances that led to the federal government’s declaration of a public order emergency, and the effectiveness of the measures that were chosen to manage the issue. The Commission is reviewing the legislative and regulatory frameworks involved, including whether any amendments to the EA are required. The POEC is undertaking document review, interviews and appearances in Summer and Fall 2022, and is calling Ministers, senior Government officials, and others who have been granted standing. The Commission’s final report, with recommendations for the Government’s consideration, is expected by February 2023.

In addition to the POEC, several Parliamentary Committees are studying aspects of the use of the Emergencies Act. It is expected that these committees will release reports in Fall 2022 through to Winter 2023, to include recommendations for the Government’s consideration.

• The Special Joint Committee on the Declaration of Emergency (DEDC) has a broad mandate and, as per subsection 62(1) of the Emergencies Act, is reviewing the exercise of powers and the performance of duties and functions and pursuant to a declaration of emergency.
• The Standing Committee on Public Safety and National Security (SECU), which generally studies public safety and national security, policing and law enforcement, emergency management, crime prevention and border protection, has held hearings on crowdfunding platforms and extremism financing and the Federal Government’s response to the convoy blockades.
• The Standing Committee on Procedure and House Affairs (PROC) has studied the operational security of the Parliamentary Precinct in the context of the Emergencies Act.

• The Standing Committee on Finance (FINA) has undertaken a study on the invocation of the Emergencies Act and related measures taken regarding the 2022 Freedom Convoy. On June 15, 2022, the FINA tabled the report Invocation of the Emergencies Act and Related Measures in the House of Commons.

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