Emergency Measures Regulations – Law Enforcement
Date: February 25, 2022
Classification: Unclassified
Branch/Agency: CPB, RCMP
- Invoking the Emergencies Act was a difficult, but necessary decision made in the best interest of Canada and Canadians.
- It reflected the severity and length of unlawful blockades – including over three weeks in Ottawa, and six days in Windsor with the blockade of the Ambassador Bridge – and reflected our collective concern about illegal occupations and non-peaceful protests across the country.
- I want to thank police officers from all law enforcement agencies who joined the operations and are working diligently to resolve situations across the country and keeping communities safe.
- The orders and measures announced as part of the declaration of a public order emergency were intended to be time-limited, targeted and supplemental to other measures available to law enforcement.
- The Emergencies Act was only meant to be applied as long as it was needed. We all agree that the situation on the ground has changed, and law enforcement can now use existing tools and authorities to maintain peace and public safety.
- The Emergency Measures Regulations invoked under the Emergencies Act were national in scope but applied specifically to addressing non-peaceful protests and illegal blockades. All law enforcement agencies, including the RCMP, were given additional tools to do their job, and address non-peaceful protests and illegal blockades that may breach the peace, like the ones observed in Ottawa, Windsor, Emerson, and Coutts.
- These measures did not remove the authorities of police of local jurisdiction.
- As we have seen, these measures allowed law enforcement to effectively address unlawful public assemblies, prevent adults from bringing children to these areas, turn away people who wish to travel to these assemblies, and stop those who would provide support for lawful assemblies, such as diesel for illegally idling trucks that are creating a blockade.
- There were also new powers to require people to provide essential goods and/or services for the removal, towing and storage of vehicles and equipment that are part of an unlawful blockade, and I understand that these may have been helpful.
- The Commissioner of the RCMP delegated these powers to key members of her team across the country, as well the OPP Commissioner who had the ability to designate OPP police officers to use these requisition powers on his behalf. These powers have been used to secure needed equipment to clear the streets in Ottawa.
- Our goal was to bring a safe end to these illegal blockades and occupations and see order restored as soon as possible to ensure the safety of Canadians and an end to the economic disruptions. I believe we have done so.
If pressed on actions taken as a result of the Order:
- We all saw the vivid images of police action in Ottawa over the weekend. The measures provided for under the Emergencies Act have helped police to maintain the perimeter, restrict travel and ensure that they continue to restrict financial support and other assistance to protesters. Using all authorities available to law enforcement, as of February 21st there have been close to 200 arrests, 110 individuals charged with various offences laid and a total of 115 vehicles towed.
- We do know that the Emergencies Act was used to bring about the peaceful conclusion of the illegal blockades, and to deter unlawful actions and encourage peaceful protests.
If pressed on why Ottawa was not designated a secure zone:
- A designation was not required in Ottawa because the assembly was already unlawful. As a result, the police were able to establish a perimeter relying on the Emergencies Measures Regulationsand other existing legal authorities to secure and maintain control of the area.
If pressed on infringing on Provincial jurisdiction:
- While these measure applied nationally, they were not meant to infringe on provincial jurisdiction over administration of justice and policing. Police of local jurisdiction remained in command of police operations and used the measures under the Emergencies Act based on their operational requirements.
If pressed on what issues are being addressed by the Emergency Measures Regulations:
- The measures contained within the Emergency Measures Regulations supplemented existing authorities and provided new tools for law enforcement to address unlawful blockades.
- Police were given the ability to compel individuals and companies to provide the essential goods and services requested for the removal, towing and storage of any vehicles, equipment, structure or other object that is part of a blockade, with reasonable compensation.
- The police were also able to designate secure areas to support their operations, and refuse people travelling to illegal protest with the intention of participating.
- Bringing a minor to participate in such an assembly was a new prohibition, was is entering Canada with the intent to participate in such an assembly.
- Supporting an illegal assembly was also prohibited, and police had the authority to enforce the prohibition by, for example, turning away people who are bringing in food, blankets, shelter materials to an area of an unlawful assembly.
Background:
Peaceful assembly is a right under the Canadian Charter of Rights and Freedoms. However, the protest activities seen across Canada related to the Freedom Convoy 2022 have exceeded the definition of peaceful assembly, resulting in illegal blockades, disruptions to people’s lives and the movement of goods, and the occupation of Ottawa. This has created a critical, unique, and urgent but temporary situation that is national in scope, which cannot be effectively dealt with under existing laws of Canada. The length of time of these illegal blockades and disruptions – over 21 days for Ottawa, 6 days for the blockade of the Ambassador Bridge, and 18 days for the blockage of the Coutts, Alberta border crossing – have created significant adverse effects on the Canadian economy and individual liberties of citizens, at a time when the country is recovering from the impact of the global pandemic. Illegal protests and blockades impacted businesses, manufactures, and critical supply chains have been disrupted, hurting many Canadians, including workers who rely on these jobs.
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 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 the traffic and noise violations. However, despite the existing tools, the situation was rapidly evolving and escalated to the point where the Ottawa police needed the assistance of the province and Canada. The new measures that were introduced have closed the gaps that prevented law enforcement from effectively addressing this public order emergency and provided them the measures needed to resolve it. These new measures build on existing tools, including strengthening the ability to impose fines or imprisonment, and allow the government to secure and protect critical infrastructure , including border crossings and airports. The new measures also provide additional resources to local law enforcement by enabling the RCMP to enforce provincial bylaws where requested.
Despite these existing tools, the situation rapidly evolved and escalated to a point where local law enforcement agencies, including for example the Ottawa Police Service, required additional assistance to address the unique situation of the illegal blockades. The new measures that were introduced through the Emergencies Act have provided new tools to help law enforcement effectively address this unprecedented public order emergency. These new measures were additional to existing tools, and were aimed at prohibiting non-peaceful public assembly in order to prevent the interruption of movement of people, goods, or trade. It 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.
Emergency Measures Regulations (EMR)
The goal of law enforcement is always to maintain public order and keep citizens safe. The Emergency Measures Regulations, made under subsection 19(1) of the Emergencies Act, were into force from February 15, 2022 to February 23, 2022 and responded to the unique challenges associated with the current unlawful blockades, which were unprecedented in their scope and nature. Measures contained within the EMR were temporary and proportionate to the situation, and aimed at ensuring the safety of Canadians during this national emergency, including:
- Prohibiting public assemblies that may reasonably be expected to lead to a breach of the peace;
- Prohibiting the use of property to facilitate or participate in such assemblies;
- Designating and securing protected places;
- Directing persons to render essential goods and services to remove, tow and store vehicles and other items that are part of a blockade, with compensation;
- Prohibiting the use, collection, or provision of property in support of an unlawful assembly – e.g., diesel for illegally idling trucks creating a blockade.
- Authorizing or directing financial institutions to render essential services to relieve impact of blockades, including regulating and prohibiting the use of property to fund or support the blockades, and compelling banks to freeze bank accounts reasonably suspected to have contributed to the public order emergency;
- The imposition of fines, imprisonment, or both, for failure to comply with regulations made under section 19 of the Emergencies Act or a lawful order made under them (e.g. direction to provide essential goods and services).
The EMRs created five prohibitions:
- Participating in a public assembly that may reasonably be expected to lead to a breach of the peace, i.e. serious disruption of movement of persons, goods, serious interference with trade, interference with the functioning of critical infrastructure, acts or threats of serious violence against persons or property;
- Causing a minor to participate in or travel near such an assembly (in other words, preventing adults from bringing children to these areas);
- Entering Canada with the intent to participate in or facilitate such an assembly;
- Travelling to or within such an assembly; and
- Using, collecting, providing, making available, or inviting a person to make available – whether directly or indirectly - property to facilitate or participate in such an assembly.
The intent of these measures was to supplement federal, provincial and municipal authorities to address illegal blockades and to restore public order and the rule of law, and ensure that confidence in Canada’s institutions continues. These time-limited measures were be used only where needed by local law enforcement, and did not derogate provinces jurisdiction over the administration of justice and policing.
Ability to Render Goods or Services
Due to the challenges of law enforcement across jurisdictions to procure towing and wrecking services to remove unlawful blockages, the EMRs provided a new authority for the Commissioner of the RCMP and the Minister of Public Safety and Emergency Preparedness or any person acting on their behalf to compel the provision of goods or services needed to remove, tow, and store any vehicle, equipment, structure or other object that is part of a blockade. Those asked to provide services must do so promptly, and will be provided fair compensation.
The Commissioner of the RCMP assigned this ability to appropriate RCMP members across Canada, and had also assigned the ability to the Commissioner of the Ontario Provincial Police (OPP) at their request. This measure has been used, most notably in Ottawa this past weekend to help remove illegal blockades in front of the Parliament Buildings and other locations.
Designation of a Protected Place
The EMRs identified certain locations as being "designated as protected and may be secured", including critical infrastructure, Parliament Hill and the parliamentary precinct, official residences, government and defence buildings, and monuments such as the War Memorial. Further, the Minister of Public Safety had the authority to also designate additional places if required. This allows for preventative action to secure these locations to aid in law enforcement operations to address illegal assemblies and blockades. During the period that the Emergencies Act was invoked, law enforcement operated with the EMR’s as they were written.
Peace Officer Authorities
Peace Officer authorities in enforcing the EMRs included:
- To secure certain designated protected places (e.g., critical infrastructure such as airports, utilities, border crossings, and government buildings); and
- Take “necessary measures” to ensure compliance with the EMRs.
Penalties under the EMRs
Contravention of the EMRs or of a lawful order by a peace officer made thereunder may be prosecuted as a summary conviction or indictable offence.
- On summary conviction, a fine not exceeding $500 or imprisonment for a term not exceeding six months, or both; or
- On indictment, a fine not exceeding $5000, or imprisonment for a term not exceeding five years, or both.
The normal provisions of the Criminal Code regarding arrest and bringing of charges apply.
Annex: Overview of Key Blockades and Illegal Protest Sites
Ottawa, Ontario
Current Status: Enforcement ongoing
Duration: 28 days and ongoing
Start Date: January 28, 2022
End Date: TBD
On February 16, after three weeks of occupation, the Ottawa Police Service (OPS) issued a warning to protesters to either leave or be arrested. On February 17, 2022, the Integrated Command Centre (ICC) comprised of RCMP, Ontario Provincial Police, OPS, and other police services commenced enforcement activities. This led to the arrest of key convoy organizers and supporters, including Chris Barber, Tamara Lich, Pat King, Daniel Bulford and Alex Vriend. On February 20, 2022, during the afternoon, Ottawa Police delivered a Trespass Notice to individuals located at Coventry Road, a staging area with extra supplies for the downtown convoy. As of the end of the day, the staging area has been cleared.
As of February 21, 2022, the Ottawa Police Service (OPS) reported over 196 arrests and 110 vehicles towed. The ICC established operational control of the NCR and continue operations to return the downtown core to a state of normalcy.
Windsor, Ontario
Current Status: Concluded
Duration: 8 days
Start Date: February 7, 2022
End Date:February 14, 2022
On February 7, 2022, the Ambassador Bridge closed in both directions due to significant protest activity, disrupting all cross-border commercial traffic vital to the North American economy. On February 11, 2022, the Superior Court Chief Justice issued a temporary injunction prohibiting individuals from establishing a blockade or impeding access to the Ambassador Bridge. Windsor Police Service provided notices to demonstrators, confirming that anyone involved must immediately cease unlawful acy or otherwise, could be facing charges. On February 12, 2022, law enforcement agencies commenced enforcing the injunction and the Bridge was completely reopened on February 14th. In total, 42 individuals were arrested and 37 vehicles were removed.
Emerson, Manitoba
Current Status: Concluded
Duration: 7 days
Start Date: February 10, 2022
End Date: February 16, 2022
On February 10, 2022, the Emerson port of entry (POE) was completely blocked by protest activity, disrupting cross border traffic between Canada and the US. Free movement of all livestock transport, CBSA employees, emergency services vehicles and residential traffic from the town of Emerson continued. Through ongoing consultation and negotiation, the convoy organizers agreed to a “slow roll” departure mid-day on February 16, 2022. The Emerson POE was re-opened on February 16, 2022.
Coutts, Alberta
Current Status: Concluded
Duration: 17 days
Start Date: January 29, 2022
End Date: February 15, 2022
On January 30, 2022, the Coutts POE was significantly disrupted due to ongoing protest activity. This border crossing is important for ongoing trade between Canada and the US, as it is the largest POE in Alberta and the only one operating 24 hours a day.
On February 14, 2022, the RCMP arrested 11 suspects and seized firearms and ammunition. These suspects have been charged with a variety of Criminal Code offences, including mischief over $5000 and conspiracy to commit murder. After the arrest of these key suspects, the convoy leaders reached an agreement with the RCMP recognizing that the demonstrators maintained peaceful intent and that no violence would be tolerated. As such, the border resumed operation on February 15, 2022.
Surrey, British Columbia
Current Status: Concluded
Duration: 8 days
Start Date: February 12, 2022
End Date: February 19, 2022
Since February 12, 2022, the Pacific Highway border crossing has had various disruptions resulting in intermittent border closures. For instance, on February 13, 2022, the Pacific Highway redirected traffic to other POEs, while on February 15th, the border restricted access to vehicles and pedestrians. On February 19th, the border was open in the morning and closed in the afternoon due to increased protest activity. As of February 19, 2022 at 2000 hours, the border remains open as the majority of demonstrators and vehicles have departed.
Other events
Many events were planned and have taken place across the country over the last few weeks. Some were cancelled or postponed, and others materialized without violent incidents.
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