Parliamentary Committee Notes: Consultations
Issue:
In accordance with the Emergencies Act, consultations with provinces and territories were conducted prior to the declaration on February 14, 2022.
- On February 14, 2022, the Governor in Council declared a public order emergency under the Emergencies Act.
- The Act requires the Governor in Council to consult each province’s Lieutenant Governor in Council in considering a proposal to declare a public order emergency.
- A report on the consultations was presented in Parliament on February 16, 2022.
- The Prime Minister convened a First Ministers' Meeting on February 14, 2022, to consult premiers on whether to declare a public order emergency under the Emergencies Act. The Prime Minister was joined by the Minister of Intergovernmental Affairs, Infrastructure and Communities, the Minister of Justice and Attorney General of Canada, and the Minister of Public Safety. All premiers participated.
- While views expressed at the First Ministers' Meeting were shared in confidence, premiers provided their perspectives in public statements following the First Ministers' Meeting:
- The Premier of Ontario said he supported the federal government's decision to provide additional tools to help police resolve the situation in the nation's capital. He said he expressed to the Prime Minister these measures should be targeted and time limited.
- The Premier of Newfoundland and Labrador said he supported invoking the Emergencies Act on a time limited basis to bolster the response to deal with the unacceptable behaviour within blockades that infringed on the rights of law-abiding Canadians.
- British Columbia's Minister of Public Safety and Solicitor General also said the Province supported the use of the Emergencies Act.
- Statements of support for the declaration of emergency were received from:
- The Canadian Association of Chiefs of Police on February 19, 2022 (letter)
- The Ontario Association of Chiefs of Police on February 20, 2022 (letter)
- The Canadian Police Association on February 21, 2022 (twitter)
- In addition to the consultations with Lieutenant Governors in Council, federal ministers and officials continuously engaged provinces and territories, municipalities, and law enforcement agencies to assess the situation and to offer the support and assistance of the Government of Canada.
- The federal government was also in continuous contact with all implicated jurisdictions, including municipal and Indigenous representatives, such as the City of Ottawa, the City of Windsor, the Assembly of First Nations, and Inuit Tapiriit Kanatami.
Background:
On February 14, 2022, the Governor in Council declared a public order emergency under the Emergencies Act. Section 25 of the Act requires the Governor in Council to consult the Lieutenant Governor in Council of each province with respect to a proposal to declare a public order emergency. A report of these consultations must be laid before each House of Parliament within seven sitting days after the declaration is issued, in accordance with section 58 of the Act.
Consultation
The Prime Minister convened a First Ministers' Meeting on February 14, 2022, to consult premiers on whether to declare a public order emergency under the Emergencies Act. The Prime Minister was joined by the Minister of Intergovernmental Affairs, Infrastructure and Communities, the Minister of Justice and Attorney General of Canada, and the Minister of Public Safety. All premiers participated.
While the views expressed at the First Ministers' Meeting were shared in confidence, premiers provided their perspectives in public statements following the First Ministers' Meeting.
- The Premier of Ontario said he supported the federal government's decision to provide additional tools to help police resolve the situation in the nation's capital. He said he expressed to the Prime Minister that these measures should be targeted and time limited.
- The Premier of Newfoundland and Labrador said that he supported invoking the Emergencies Act on a time limited basis to bolster the response to deal with unacceptable behaviour within blockades, infringing on the rights of law-abiding Canadians.
- British Columbia's Minister of Public Safety and Solicitor General and Deputy Premier also said the Province supported the use of the Emergencies Act.
- The Premier of Quebec said he opposed the application of the Emergencies Act in Quebec, stating that municipal police and the Sûreté du Québec had control of the situation, and noted the use of the Act would be divisive.
- The Premier of Alberta tweeted the Alberta's Government’s opposition to the invocation of the Emergencies Act, noting Alberta had all the legal tools and operational resources required to maintain order. He also expressed concern that invocation of the Emergencies Act could escalate a tense situation.
- The Premier of Saskatchewan issued the following tweet: “The illegal blockades must end, but police already have sufficient tools to enforce the law and clear the blockades, as they did over the weekend in Windsor. Therefore, Saskatchewan does not support the Trudeau government invoking the Emergencies Act. If the federal government does proceed with this measure, I would hope it would only be invoked in provinces that request it, as the legislation allows.”
- The Premier of Manitoba issued a statement in which she noted that the situation in each province and territory is very different and she is not currently satisfied the Emergencies Act should be applied in Manitoba. She said that in her view, the sweeping effects and signals associated with the never-before-used Emergencies Act are not constructive in Manitoba, where caution must be taken against overreach and unintended negative consequences.
- The Premiers of New Brunswick, Nova Scotia, and Prince Edward Island also commented that they do not believe the Emergencies Act is necessary in their respective provinces, stating that policing services have sufficient authority to enforce the law.
- The premiers of Yukon, the Northwest Territories, and Nunavut provided feedback during the First Ministers' Meeting; they did not issue public statements.
There was further engagement with provinces following the First Ministers' Meeting and prior to the Government of Canada's decision to declare a public order emergency on February 14, 2022:
- The Office of the Prime Minister spoke with the Office of the Premier of British Columbia, as Chair of the Council of the Federation, before the Government of Canada's decision was made on February 14, 2022 to offer briefings to premiers' offices, and to explain the role of provinces and territories under the Emergencies Act.
- The Minister of Intergovernmental Affairs, Infrastructure and Communities communicated with his Quebec counterpart on the Emergencies Act. The Minister of Canadian Heritage and Quebec Lieutenant also connected with Quebec's Deputy Premier and Minister of Public Safety and Quebec's Minister of Finance, and officials from the Prime Minister's Office engaged with the Office of the Premier of Quebec.
- The Minister of Intergovernmental Affairs, Infrastructure and Communities also engaged the Premier of Ontario and received feedback from the Premier of Saskatchewan.
- The Office of the Prime Minister spoke with the Office of the Premier of Ontario and the Office of the Premier of Newfoundland and Labrador on February 14, 2022 to explain the rationale and implementation of the Emergencies Act.
Engagement
During the events of January and February 2022, federal ministers and officials continuously engaged provinces and territories, municipalities, and law enforcement agencies to assess the situation and to offer the support and assistance of the Government of Canada.
The Prime Minister and the Minister of Public Safety both engaged directly with the Premier and the Solicitor General of Ontario, respectively, to offer the assistance of the federal government in resolving unlawful blockades and occupation in Ontario. In addition, Public Safety Canada, CBSA and RCMP officials worked with their Ontario counterparts to resolve unlawful blockades and occupation, including at the Ambassador Bridge in Windsor and in Ottawa.
In addition, the federal government was in continuous contact with all implicated jurisdictions, including municipal and Indigenous representatives, such as the City of Ottawa, the City of Windsor, the Assembly of First Nations, and Inuit Tapiriit Kanatami.
There was also regular engagement with municipal and provincial officials concerning the Ambassador Bridge, including on a request for assistance received from the City of Windsor on February 9, 2022. Ongoing engagement also occurred concerning the Coutts port of entry, including Alberta’s request for assistance in relation to tow truck capacity (February 5, 2022 letter to Ministers of Public Safety and Emergency Preparedness from the Alberta Minister of Municipal Affairs).
Federal, provincial, and territorial (FPT) officials met on a multilateral and bilateral basis, including the following, where information was shared on the ongoing situation and the use of authorities:
- FPT Deputy Ministers of Justice and Public Safety held an ad hoc meeting February 7, 2022.
- The Assistant Deputy Minister (ADM)-level FPT Crime Prevention and Policing (CPPC) Committee met on February 11, 16 and 24, 2022.
- Discussions took place with ADMs from Ontario, Manitoba, and Alberta on February 13, 2022, and with Ontario and Manitoba on February 14, 2022.
Transport Canada officials gathered and shared information with PT transport ministries on PT tools/actions being considered to manage the convoys, including potential infraction and enforcement regimes under the respective jurisdictions’ motor vehicle safety legislation. This included:
- The ADM-level table of the Council of Minsters Responsible for Transportation and Highway Safety met twice, on February 4 and 8, 2022.
- Calls took place with Alberta and Ontario on February 5, 2022, with Ontario on February 6 and 7, 2022, and with Alberta on February 7, 2022.
The Government of Canada also engaged Indigenous leaders regarding the blockades. For example, the Minister of Crown-Indigenous Relations spoke with the National Chief of the Assembly of First Nations, the President of Inuit Tapiriit Kanatami, the President of the Métis National Council, the Grand Chief of Akwesasne, and the Grand Chief of the Manitoba Southern Chief’s Organization.
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