Public Order Emergency Commission

Public Order Emergency Commission

The Commission's Report

Justice Paul Rouleau concluded the federal cabinet had reasonable to believe a national emergency existed -- and that the invocation was justified.

Read the commission's report here

Key Highlights and Testimony

The Public Order Emergency Commission studied the federal government’s use of the Emergencies Act in February 2022 to declare a public order emergency.

Commissioner Paul Rouleau heard from police, government officials, federal ministers, and from Justin Trudeau—one of the only prime ministers to appear before a public inquiry.

Read the closing submissions

The emergency declaration came in response to protests, in downtown Ottawa and at a number of Canada–U.S. border crossings, opposing the government’s COVID-19 public-health measures. The Emergencies Act requires an inquiry to be held following any declaration, with the mandate of examining both the circumstances of the declaration and the measures taken under it.

About the Commission

Public hearings took place in October and November 2002 for the Public Order Emergency Commission -- the inquiry to examine the federal government's use of the Emergencies Act in February to stop the blockades and occupations in downtown Ottawa and at border crossings. 

Commissioner Paul Rouleau, an Ontario judge, began proceeding by highlighting the commission's "tight" timeline; the report is due to Parliament no later than Feb. 20, 2023. 

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In defending use of the Emergencies Act for the first time in its 34-year history, Prime Minister Justin Trudeau said the immediate goal was giving law enforcement the necessary legal authorities and extra resources.

“There will be time later to reflect on lessons that can be learned from this situation,” he said Feb. 14 in declaring a public order emergency. 

And so a legally-mandated special parliamentary committee of MPs and senators has been sitting since March.

But the Emergencies Act also requires an inquiry into the "circumstances that led to the declaration being issued and the measures taken for dealing with the emergency."

The commission had report to Parliament on "the basis for the Government’s decision to declare a public order emergency, the circumstances that led to the declaration, and the appropriateness and effectiveness of the measures selected by the Government to deal with the then-existing situation."

Over six weeks this autumn the inquiry heard from dozens of witnesses -- from Prime Minister Justin Trudeau and federal ministers, to police leaders and government officials, to those representing affected residents and the protest leaders themselves. 

The commission announced in June that the Trudeau government would not claim cabinet privilege over key documents leading up to the emergency declaration. 

Ontario Premier Doug Ford and former solicitor general Sylvia Jones, meanwhile, resisted a summons from the commission to testify after refusing several voluntary requests from inquiry lawyers.

Trudeau would not comment directly on Ford's dealings with the inquiry, repeating that he and the Ontario premier worked well to end the convoy even though different orders of government were not always as aligned as possible.

About the Emergencies Act

"Freedom Convoy" protesters ground downtown Ottawa to a halt at the end of January 2022, forcing the closure of schools, libraries, businesses, and vaccine clinics.

Military leaders and veterans' groups condemned protesters for disrespecting the National War Memorial and National Aboriginal Veterans Monument; others defaced the Terry Fox statue across from Parliament Hill.

The intimidation of residents, business owners, journalists, and homeless shelter workers drew attention far beyond the capital. Residents procured a court injunction against excessive honking. Police reported a "concerted effort" to disrupt 9-1-1 and non-emergency phone lines.

The convoy movement also blocked border crossings -- including Coutts, Alta. and Windsor's Ambassador Bridge, Canada's busiest land border crossing and a vital trade artery. 

With auto workers sent home, Michigan's governor demanding action to re-open traffic and repair disrupted supply chains, and the Ottawa shutdown continuing, Ontario announced a provincial state of emergency on Feb. 11. 

Three days later Prime Minister Justin Trudeau announced an invocation of the Emergencies Act -- which includes provisions for a “public order” emergency that "arises from threats to the security of Canada and that is so serious as to be a national emergency." 

This was the first use of the Emergencies Act in its 30-plus-year history and the first emergency measures since the 1970 October Crisis and the previous War Measures Act.

Emergencies Act: Read the official declaration

Emergencies Act: Read the measures dealing with public assemblies, travel, and the provision of essential services

Emergencies Act: Read the measures dealing with banks, financial institutions, and crowdfunding platforms

Emergencies Act: Read the official cabinet order

Goals included strengthening and supporting all levels of law enforcement, ensuring essential services were rendered, and freezing financial accounts connected to the blockades.

Trudeau described the declaration of a public order emergency as a proportional, measured, and sennsible response to the occupation of Ottawa and shutdown of border crossings.

He also pledged measures would be time-limited, geographically-targeted, reasonable, and proportionate.

Provisions included:

  • Broadening the scope of money laundering and terrorist funding rules to target crowdfunding platforms and payment providers, which must register with FINTRAC and report large and suspicious transactions;
  • Allowing Canadian financial institutions to cease, without a court order, service to accounts suspected of furthering illegal blockades and occupations;
  • Allowing for the suspension of bank accounts and vehicle insurance of companies with trucks taking part in blockades;
  • Allowing the RCMP to enforce provincial law and municipal by-laws as needed.

Trudeau pledged the federal government would not use the armed forces, suspend civil liberties, or override the Charter of Rights and Freedoms.

The declaration led Ottawa police to distribute written notices ordering demonstrators to "leave the area now" and "cease further unlawful activity" in the wake of the federal emergency declaration.

And by the time the House of Commons passed a motion supporting the declaration, police from several jurisdictions had moved against the occupation zone in a major show of force. Some 200 arrests were made -- including a number of key convoy organizers. Ottawa police also reported officers assaulted by protesters and attempts to remove officers' weapons. 

The government revoked the emergency declaration on Feb. 23 after nine days. 

The Conservatives and Bloc Québécois had opposed the declaration, though the NDP offered reluctant backing in Parliament. 

Several premiers also publicly objected to the Emergencies Act, though Ontario's Doug Ford vowed to support any proposal to maintain law and order and ensure a functioning economy. 

Alberta Premier Jason Kenney warned the declaration would escalate the situation at Coutts, arguing his province already had the needed statutory powers, operational capacity, and "strong laws." 

Quebec Premier François Legault and Saskatchewan's Scott Moe also voiced their concerns.

Emergencies Act: Report to Parliament on provincial/territorial consultation

Emergencies Act: Federal letter to the premiers

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