REPORT from OTTAWA Rapport d’Ottawa

by/par Carol Hughes Federal member of Parliament Algoma-Manitoulin-Kapuskasing

Justice Paul Rouleau released the muchanticipated report of the Public Order Emergency CommissiononFebruary17thonthegovernment's use of the Emergencies Act following last year's Freedom Convoy protests in Ottawa, Coutts, and Windsor. In his 2000-plus-page ruling, a requirement under the EmergenciesAct, Justice Rouleau stated“Ihaveconcludedthatinthiscase,thevery high threshold for invocation was met.” Rouleau alsostates,“Lawfulprotestdescendedintolawlessness,culminatinginanationalemergency."It'san important examination of the circumstances that ledtotheFreedomConvoyprotests,andwhilehis conclusion was that the government did meet the threshold to invoke the Act, it also lays bare the failuresthatledtothesituationthatrequireditsuse, while also providing rational recommendations to limititsuseinthefuture.

The report does not shy away from the issues that led to those protests. The Rouleau Report paints a picture of people who do not see themselvesrepresentedinpoliticsandgovernment, and the Covid-19 pandemic which brought their fears, frustrations, and anxieties to a head. It cites social media as a breeding ground for right-wing populism, where Rouleau states “evidence from many of the convoy organizers and participants demonstrated a range of views that I have no difficulty characterizing as being based on misinformation. Some views were outright conspiratorial.”

The report also expresses that the Prime Minister enflamed the frustrations of protesters with his commentary stating “the small fringe minorityofpeoplewhoareontheirwaytoOttawa, orwhoareholdingunacceptableviewsthatthey're expressing, do not represent the views of Canadians…” which Rouleau notes “these comments…wereinterpretedbymanyasreferringtoall Freedom Convoy participants. This served to energizetheprotesters,hardeningtheirresolveand further embittering them toward government authorities.”

Whilethereportgoesintosignificantdetail about what led to the protest, the occupation of downtownOttawa,andborderblockadesinCoutts and Windsor, it reserves some of its harshest criticisms for Doug Ford's Progressive Conservative government. The 200-page ExecutiveSummaryhasanentiresubsectioncalled Ontario's Absence, where Rouleau states " One themethatemergedduringtheInquirywastheview that the Government of Ontario was not fully engaged in responding to the protests. Many witnesses saw the Province as trying to avoid responsibility for responding to a crisis within its borders.”Thisisnotsurprising,asDougFordand then-Solicitor General Sylvia Jones were the only two individuals to refuse participating in the inquiry,citing“parliamentaryprivilege.”

The most important part of this inquiry, aside from the findings that the use of the EmergenciesActwasjustified,aretherecommendationsfromJusticeRouleauonhowgovernments can best handle situations like this in the future without needing to resort to the use of the EmergenciesAct.TheRouleauReportputforward 56clearrecommendations.Theseinclude:ensuring that the Federal government develop protocols on information sharing, intelligence gathering and distribution with the provinces and territories; the creationofasinglenationalintelligencecoordinatorformajorevents;andexaminingthescopeand limitations on police powers in relation to protest activities between the Federal government, it's provincial and territorial counterparts, and police services.

As for the Emergencies Act itself, the Rouleau Report put forward a number of recommendations as to how to strengthen the Act and makeitmoretransparent.Theseincludeamending theActtorequirethegovernmenttodelivertothe commissionacomprehensivestatementsettingout the factual and legal basis for the declaration to ensuretheuseoftheactisnecessaryandconsistent withtheCharterofRightsandFreedoms.Rouleau also recommends requiring all documents and information on the declaration of a national emergencybegivendirectlytothecommission,without redactions,andbindingallinputsfromcabinetand ministerstothecommissiononceanorderhasbeen declared. The goal is to use the Emergencies Act onlyinnecessarycircumstances,andpreferablynot at all, but if it is used, ensuring information is shared with the commission that makes the use as openandtransparentaspossibleisthekey.

Justice Rouleau's work on this exceptionally complicated file is to be commended. As we move forward, it will be important to heed his suggestions to improve policing and the government'sresponsestocrises.