Parliamentary Committee Notes: Actions Taken Under 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 unlawful blockades and occupation.

Response:

• The Emergencies Act was used to enable the peaceful conclusion of the illegal blockades, deterring unlawful actions, and encouraging peaceful protests.
• Within Ottawa,  measures provided for under the Emergencies Act helped police to :
  • maintain and reinforce the perimeter,
  • restrict travel,
  • prevent children from being brought into the area,
  • secure necessary equipment like tow trucks, and
  • ensure they could cut off financial support and other assistances – such as gas – for this occupation.
• The measures provided for under the Emergencies Act were used to identify certain locations as ‘designated as protected and may be secured’.
  • Locations included airports, hospitals, ports of entry (all of which are defined as “critical infrastructure”), Parliament Hill and the Parliamentary Precinct, official residences, government and defence buildings, and monuments such as the War Memorial.
  • The Minister of Public Safety had the authority to designate other places, if required, but did not designate any additional places.
• Using all authorities available to law enforcement, as of March 24, 2022, there were close to 230 arrests, 118 criminally charged with more than 400 counts, and hundreds of provincial offence notices were issued.
• The Emergency Economic Measures Order restricted funding and other assistance for the unlawful assemblies. It resulted in the disclosure of approximately 57 entities, including individuals, owners, or drivers of vehicles involved in the blockades, approximately 170 Bitcoin wallet addresses shared with virtual currency exchangers, and the proactive freezing of the account of a payment processor by a financial institution.
• Given that these prohibited assemblies were resolved, and law enforcement were able to continue to maintain peace and public safety using existing authorities across Canada, the Government of Canada made the decision to revoke the declaration of emergency on February 23, 2022.

Background:

The measures provided for under the Emergencies Act were used to:  

• Identify certain locations as ‘designated as protected and may be secured’:
  1. Locations included airports, hospitals, ports of entry (all of which are defined as “critical infrastructure”), Parliament Hill and the parliamentary precinct, official residences, government and defence buildings, and monuments such as the War Memorial.
  2. The Minister of Public Safety had the authority to designate other places, if required, but did not designate any additional places.
• Help law enforcement maintain the perimeter in downtown Ottawa, and restrict travel and access to that area:
1. Using all authorities available to law enforcement, there were 230 arrests, 118 criminally charged with more than 400 counts, and hundreds of provincial offence notices were issued (as of March 24, 2022).  .
• Allow law enforcement agencies to share with financial service providers the identity of designated persons, which enabled financial service providers to cease their dealings with these people:
  1. This resulted in the disclosure of approximately 57 entities, which includes individuals, owners, or drivers of vehicles involved in the blockades; approximately 170 Bitcoin wallet addresses shared with virtual currency exchangers; and the proactive freezing of the account of a payment processor by a financial institution.

The Emergency Measures Regulations (EMR) and Emergency Economic Measures Order (EEMO) contributed to the response to the unlawful assemblies in other ways:

• The EMR prohibited public assemblies that may reasonably be expected to lead to a breach of the peace by: (a) the serious disruption of the movement of persons or goods or the serious interference with trade; (b) the interference with the functioning of critical infrastructure; or (c) the support of the threat or use of acts of serious violence against persons or property. It also enables the police to engage at an earlier point in time to prevent a breach of the peace/an unlawful assembly.
• The provisions in the EMR authorized police to stop vehicles and people entering areas where there were already unlawful assembles, or where such assemblies were anticipated. This authority operated together with the City of Ottawa injunction and the police ancillary powers doctrine at common law to secure the perimeter in Ottawa.
• The EMR enabled the Royal Canadian Mounted Police (RCMP), municipal and provincial police services to enforce the EMR and any provincial or municipal laws without requiring officers to be sworn in, which allowed for the assistance of outside police officers in a much less administratively burdensome way than would have otherwise been the case.
• The travel prohibition in the EMR, including the prohibition against bringing a minor within 500 m of an unlawful assembly, was only available through this mechanism.
• The EMR prohibited causing a minor to participate in such an assembly, a prohibition that is not available without it.
• The EMR required towing companies to provide essential goods and services for the removal, towing and storage of any vehicle, equipment, structure, or other object that is part of a blockade on request of the Minister of Public Safety and Emergency Preparedness, the Commissioner of the RCMP, or a person acting on their behalf.
• The EMR prohibited foreign nationals from crossing the border to support the prohibited assemblies.

Date modified:

2022-12-20