Parliamentary Committee Notes: Revoking of the Emergencies Act

Issue:

On February 14, 2022, the Governor in Council declared a public order emergency under the Emergencies Act. The Prime Minister announced on February 23, 2022 that the declaration of emergency under the Emergencies Act was revoked.

Response:

Background:

The Prime Minister announced on February 23, 2022 that the declaration of emergency under the Emergencies Act was revoked. This meant that the Emergency Measures Regulations and the Emergency Economic Measures Order were also revoked and were no longer in effect as of the date of revocation. 

The declaration of emergency was revoked as the orders and measures created were effective in allowing law enforcement to resolve the occupation of Ottawa, as well as illegal blockades at Ports of Entry in Ontario, Manitoba, British Columbia and Alberta. Law enforcement was, and continues to be, able to maintain peace and security without those temporary and exceptional measures, using existing authorities to resolve any residual, or prevent any new, illegal blockade or public assembly that may reasonably be expected to lead to a breach of the peace.

With the declaration revoked, the exercise of powers conferred under the declaration by the regulations between the time of the declaration and the revocation still constitute the exercise of lawful authority.Police were acting within their lawful authority while the declaration was in effect, and this authority is not retroactively revoked. However, as the orders and measures announced as part of the declaration of emergency were also revoked on February 23, 2022, they ceased to be available to law enforcement as of that date. Any offences committed while the declaration and its orders and measures were in force may still result in charges, prosecution, and conviction. Police continue to investigate activities that occurred during the declaration of emergency, and may lay charges for offenses committed during the duration of the emergency.

Parliamentary Review Committee

Pursuant to the Emergencies Act, a Parliamentary Review Committee is required to be established to review the declaration of emergency. To put this important accountability mechanism in place, the motion to create a Special Joint Committee to study the invocation of the Emergencies Act was agreed to in the House of Commons on March 2, 2022 and in the Senate on March 3, 2022.  The Committee is comprised of four members of the Senate and seven members from the House of Commons.  The committee tabled its first report on March 22, 2022. Work is ongoing.

Commission of Inquiry

Also pursuant to the Act, within 60 days after the expiration or the revocation of a declaration of emergency, the Governor in Council must, pursuant to section 63, cause an inquiry to be held into the circumstances that led to the declaration being issued and the measures taken for dealing with the emergency.

The Prime Minister announced a Public Order Emergency Commission on April 25, 2022. The Honourable Paul S. Rouleau has been appointed as Commissioner. The Commission will examine the circumstances that led to the declaration being issued and the measures taken in response to the emergency. This includes the evolution of the convoy, the impact of funding and disinformation, the economic impact, and efforts of police and other responders prior to and after the declaration.

Justice Rouleau will submit a final report in both official languages to the Government of Canada on his findings and recommendations, which must be tabled in the House of Commons and Senate of Canada by February 20, 2023.

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