Parliamentary Committee Notes: Invoking the Emergencies Act

Issue:

On February 14, 2022, the Governor in Council declared a public order emergency under the Emergencies Act in response to the ongoing blockades and protests across the country.

Background:

The Proclamation Declaring a Public Order Emergency made on February 14, 2022 specified that the public order emergency was constituted of:

1. Continuing blockades by both persons and motor vehicles

The first reason was the continuing blockades by both persons and motor vehicles that occurred at various locations throughout Canada, the threats to oppose measures to remove the blockades, including by force, and blockades that took place in conjunction with activities that were directed toward, or in support of, the threat or use of acts of serious violence against persons or property, including critical infrastructure, for the purpose of achieving a political or ideological objective within Canada, based on the assessment of law enforcement.

The protests became a rallying point for anti-government and anti-authority, anti-vaccination, conspiracy theory and white supremacist groups throughout Canada and other Western countries. Some protesters had varying ideological grievances, with demands ranging from an end to all public health restrictions to overthrowing the elected government. As one example, protest organizers suggested forming a coalition government with opposition parties and the involvement of Governor General Mary Simon. This suggestion appears to be an evolution of a previous proposal from a widely circulated “memorandum of understanding” from a group called “Canada Unity” that was taking part in the convoy. The “memorandum of understanding” proposed that the Senate and Governor General could agree to join them in forming a committee to order the revocation of COVID-19 restrictions and vaccine mandates.

Tactics adopted by protesters in support of these aims include slow roll activity, slowing down traffic and creating traffic jams, especially near ports of entry, as well as reports of protesters bringing children to protest sites to limit the level and types of law enforcement intervention. The intent of the protestors at ports of entry was to impede import and export of goods across the Canada-U.S. border, to achieve a change in the Government of Canada’s COVID health measures in addition to other government policies.

Trucks and personal vehicles in the National Capital Region disrupted daily life in Ottawa and caused retail and other businesses to shutter. Local tow truck drivers refused to work with governments to remove trucks in the blockade. The Chief of the Ottawa Police Service resigned on February 15, 2022 in response to criticism of the police’s response to the protests.

Convoy supporters formerly employed in law enforcement and the military appeared alongside organizers and may have been providing them with logistical and security advice, resulting in operational challenges for law enforcement should policing techniques and tactics be revealed to convoy participants. There was evidence of coordination between the various convoys and blockades.

Violent incidents and threats of violence and arrests related to the protests were reported across Canada. The RCMP’s seizure of a cache of firearms with a large quantity of ammunition in Coutts, Alberta, indicated that there were elements within the protests that had intentions to engage in violence. Ideologically motivated violent extremism adherents may feel empowered by the level of disorder resulting from the protests. Violent online rhetoric, increased threats against public officials and the physical presence of ideological extremists at protests also indicate that there was a risk of serious violence and the potential for lone attackers to conduct terrorism attacks.

2. Adverse effects on the Canadian economy

The second reason was the adverse effects on the Canadian economy – which was recovering from the impact of the COVID-19 pandemic, and threats to the country’s economic security resulting from the impacts of blockades of critical infrastructure, including trade corridors and international border crossings.

Trade and transportation within Canada and between Canada and the U.S. are highly integrated. Border crossings, railway lines, airports and ports of entry are integrated and are adversely affected when one or more of the components is blockaded or prevented from operating under normal capacity.

Trade between Canada and the U.S. is crucial to the economy and the lives and welfare of all Canadians. Approximately 75% of Canadian exports go to the U.S., generating approximately $2 billion in imports/exports per day and $774 billion in total trade between the two countries in 2021.

Blockades and protests at numerous points along the Canada–U.S. border had a severe impact on Canada’s economy. Protests at the major ports of entry at the Ambassador Bridge in Windsor, Ontario; Emerson, Manitoba; Coutts Alberta; and, Pacific Highway in British Columbia, each of which is critical to the international movement of people and goods, required the Canada Border Services Agency (CBSA) to suspend services.

An essential trading corridor, the Ambassador Bridge is Canada’s busiest crossing, handling over $140 billion in merchandise trade in 2021. It accounted for 26% of the country’s exports moved by road in 2021 ($63 billion out of $242 billion) and 33% of the country’s imports ($80 billion out of $240 billion). During the blockades at the Ambassador Bridge, over $390 million in trade each day with Canada’s most important trading partner was affected, resulting in the loss of employee wages, reduced automotive processing capacity and overall production loss in an industry already hampered by the supply shortage of critical electronic components. This bridge supports 30% of all trade by road between Canada and the U.S. The blockades in Coutts, Alberta, and Emerson, Manitoba, affected approximately $48 million and $73 million in trade each day, respectively. These events targeting Canada’s high volume commercial ports of entry irreparably harmed the confidence that our trading partners have in Canada’s ability to effectively contribute to the global economy and will result in manufacturers reassessing their manufacturing investments in Canada, impacting the health and welfare of thousands of Canadians.

In addition, throughout the week leading up to February 14, 2022, there were 12 additional protests that directly impacted port of entry operations. At two locations, Pacific Highway and Fort Erie, protestors had breached the confines of the CBSA plaza, resulting in CBSA officers locking down the office to prevent additional protestors from gaining entry.

These blockades and protests directly threatened the security of Canada’s borders, endangering the ability of Canada to manage the flow of goods and people across the border, the safety of CBSA officers, and undermined the trust and coordination between CBSA officials and their American partners. While Ontario’s Emergency Management and Civil Protection Act authorized persons to aid, it specifically did not compel them to do so. Tow truck operators remained free to decline requests to tow vehicles that were part of the blockades and they refused to render assistance to the government of Ontario. It was beyond the capacity of the province of Ontario to ensure in a timely manner that tow trucks could be used to clear vehicles. The emergency measures allowed the federal Minister of Public Safety  or any other person acting on their behalf to immediately compel individuals to provide and render essential goods and services for the removal, towing or storage of any vehicle or other object that is part of a blockade and provided that reasonable compensation would be payable. Individuals who suffered loss or damage because of actions taken under these Regulations may apply for compensation.

Threats were also made to block railway lines, which would result in significant disruptions. Canada’s freight rail industry transports more than $310 billion worth of goods each year on a network that runs from coast to coast. Canada’s freight railways serve customers in almost every part of the Canadian economy: from manufacturing to the agricultural, natural resource, wholesale, and retail sectors. In addition, freight railways have Canadian operating revenues of more than $16 billion a year.

The impact on important trade corridors and the risk to the reputation of Canada as a stable, predictable, and reliable location for investment would have been jeopardized if disruptions had continued. The current federal and provincial financial systems were ill-equipped to mitigate the adverse effects of the economic impact without additional measures. The Emergency Economic Measures Order set out a comprehensive list of financial service providers to determine whether any of the property in their possession or control belonged to protesters participating in the illegal blockades and to cease dealing with those protesters. Financial service providers who would have otherwise been outside federal jurisdiction were subject to the Order. Given the ability to move financial resources between financial service providers without regard to their geographic location or whether they are provincially- or federally regulated, it was essential that all financial service providers be subject to the Order if protesters were to be prevented from accessing financial services.

Before the new measures, provinces were only able to cancel or suspend insurance policies for vehicles registered in that province. Protestors from different provinces were not be subject to, for example, the Government of Ontario’s powers under its declaration of a state of emergency, to cancel licenses of vehicles participating in blockades or prohibited assemblies. The emergency measures required insurance companies to cancel or suspend the insurance of any vehicle or person while that person or vehicle was taking part in a prohibited assembly as defined under the new Emergency Measures Regulations.

3. Adverse effects resulting from the impacts of the blockades on Canada’s relationship with its trading partners

The U.S. expressed concerns related to the economic impacts of blockades at the borders, as well as possible impacts from violent extremist movements. During a call between Prime Minister Justin Trudeau and President Joe Biden on February 11, 2022, the critical importance of resolving access to the Ambassador Bridge and other ports of entry as quickly as possible was discussed, given their role as vital bilateral trade corridors, and as essential to the extensive interconnections between the two countries.

Disruptions at ports of entry had significant impacts on trade with U.S. partners and the already fragile supply chain, and resulted in temporary closures of manufacturing sites, job loss, and loss of revenues. One week of the Ambassador Bridge blockade alone was estimated to have caused a total economic loss of $51 million for U.S. working people and businesses in the automotive and transportation industry. Consequently, the protests were the cause of significant criticism and concern from U.S. political, industry and labour leaders.

The Governor of Michigan issued several statements where she expressed her frustration with the protests and blockade and the damage they were doing to her state and constituents. Similar frustrations were voiced by the General President of the International Brotherhood of Teamsters, and the Canada-U.S. Business Association. The blockades and protests were of such concern to the U.S government that the Department of Homeland Security Secretary offered its assistance in ending the protests.

More generally, the protests and blockades threatened to erode confidence in Canada as a place to invest and do business. During the Ambassador Bridge blockade, politicians in Michigan speculated disruptions in cross border trade may lead them to seek domestic, as opposed to Canadian, suppliers for automotive parts.

4. Breakdown of Supply Chain

Canada has a uniquely vulnerable trade and transportation system. Relative to global competitors, Canadian products travel significantly further, through challenging geography and climate conditions. Moreover, trade and transport within Canada, and between Canada and the U.S. is highly integrated.

The closure of, and threats against, crucial ports of entry along the Canada-U.S. border not only had an adverse impact on Canada’s economy, but it also imperiled the welfare of Canadians by disrupting the transport of crucial goods, medical supplies, food, and fuel across the U.S.-Canada border.

In addition to the blockades along the border, protesters attempted to impede access to the MacDonald-Cartier International Airport in Ottawa and threatened to blockade railway lines. Although it did not come to pass, the result of a railway blockade would be significant. Canada’s freight rail industry transports more than $310 billion worth of goods each year on a network that runs from coast to coast. Canada’s freight railways serve customers in almost every part of the Canadian economy: from manufacturing, to the agricultural, natural resource, wholesale, and retail sectors

5. Potential for an increase in the level of unrest and violence that would further threaten the safety and security of Canadians

The protests and blockades posed severe risks to public safety. While municipal and provincial authorities took decisive action in key affected areas, such as law enforcement activity at the Ambassador Bridge in Windsor, considerable effort was necessary to restore access to the site and to maintain access.

There was significant evidence of illegal activity in late January and February 2022, and leading up to the declaration of a public order emergency, the situation across the country was concerning, volatile and unpredictable. There was concern that the Freedom Convoy could also lead to an increase in the number of individuals who support ideologically motivated violent extremism (IMVE) and the prospect for serious violence. Proponents of IMVE are driven by a range of influences rather than a singular belief system. IMVE radicalization is more often caused by a combination of ideas and grievances resulting in a personalized worldview. The resulting worldview often centres on the willingness to incite, enable, or mobilize to violence.

On February 14, 2022, the RCMP arrested numerous individuals in Coutts, Alberta allegedly associated with a known IMVE group who had been engaged with the protests and seized a cache of firearms with a large quantity of ammunition, which indicates that there are elements within this movement that intended to engage in violence. Four of these individuals were charged with conspiracy to commit murder, in addition to other offences.

Since the convoy began, there was a significant increase in the number and duration of incidents involving criminality associated with public order events related to anti-public health measures, and there were serious threats of violence assessed as politically or ideologically motivated. Two bomb threats were made to Vancouver hospitals and numerous suspicious packages containing rhetoric that references the hanging of politicians and potentially noxious substances were sent to offices of Members of Parliament in Nova Scotia. While a link to the convoy has not yet been established in either case, these threats were consistent with an overall uptick in threats made against public officials and health care workers. A number of threats were noted regarding the Nova Scotia-New Brunswick border demonstration set for February 12, 2022, including a call to bring “arms” to respond to police if necessary. An Ottawa tow truck operator reported that he received death threats from protest supporters who mistakenly believed he aided the police.

The Sûreté du Québec (SQ) dealt with multiple threats arising from the protests. In early February 2022, the SQ was called in to provide protection to the National Assembly in response to the convoy protests in Quebec City. Some individuals associated with the protests had threatened to take up arms and attack the National Assembly. This led to all parties at the National Assembly strongly denouncing all threats of violence. At the same time, the SQ was also dealing with threats of protests and blockades along Quebec’s border with New York State. This required the SQ to deploy resources to establish checkpoints and ensure that crucial ports of entry remained open.

Other incidents which occurred during the blockades point to efforts by U.S. based supporters of anti-public health measures movements or grievances to join protests in Canada, or to conduct sympathetic disruptive blockades on the U.S. side of ports of entry. In some cases, individuals were openly carrying weapons. U.S.-based individuals, some openly espousing violent extremist rhetoric, employed a variety of social media and other methods to express support for the ongoing blockades, to advocate for further disruptions, and to make threats of serious violence against Canadian law enforcement and the Government of Canada.

Several individuals with U.S. status attempted to enter Canada with the stated purpose of joining the blockades. One high profile individual is known to have openly expressed opposition to COVID-19-related health measures, including vaccine mandates, and has attempted to import materials to Canada for the express purpose of supporting individuals participating in the blockades.

As of February 14, 2022, approximately 500 vehicles, most of them commercial trucks, were parked in Ottawa’s downtown core. There were reports of protesters engaging in hate crimes, breaking into businesses and residences, and threatening law enforcement and Ottawa residents.

Protesters refused to comply with injunctions covering downtown Ottawa and the Ambassador Bridge, and legislation enacted by the Ontario Government under the Emergency Management and Civil Protection Act (Ontario Regulation 71/22), which makes it illegal and punishable to block and impede the movement of goods, people, and services along critical infrastructure. In Ottawa, the Ottawa Police Service (OPS) were unable to enforce the rule of law in the downtown core due to the overwhelming volume of protesters and OPS’ ability to respond to other emergencies was hampered by the flooding of Ottawa’s 911 hotline, including by individuals from outside Canada. The occupation of the downtown core also hindered the ability of emergency medical responders to attend medical emergencies in a timely way and led to the cancellation of many medical appointments.

There was concern that the inability of municipal and provincial authorities to enforce the law or control the protests could have led to a further reduction in public confidence in police and other Canadian institutions.

The situation in downtown Ottawa impeded the proper functioning of the federal government and the ability of federal government officials and other workers to enter their workplaces in the downtown core safely.

Furthermore, the protests jeopardized Canada’s ability to fulfil its obligations under the Vienna Convention on Diplomatic Relations as a host of the diplomatic community, and posed risks to foreign embassies, their staff, and access to their diplomatic premises.

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