Parliamentary Committee Notes: Government Response to the Public Order Emergency Commission
Proposed Response:
- On February 17, 2023, the Public Order Emergency Commission issued its final report in which the Commission concluded that the very high threshold necessary to invoke the Emergency Measures Act had been met.
- The Final Report contains 56 recommendations that fall under the following categories: policing reform, federal intelligence collection and coordination, critical trade transportation corridors and infrastructure, the Emergencies Act, social media, misinformation and disinformation, crowdfunding and cryptocurrencies, and follow-up and accountability.
- On March 6, 2024, I released the Government Response to the Public Order Emergency Commission’s Final Report.
- The Government Response provides a recommendation-by-recommendation response to the Commission’s Final Report. It marks a key milestone in advancing the recommendations by the Commission. This response outlines the federal Government’s consideration of the recommendations and to learn from the important findings contained within the Final Report.
- With respect to the Emergencies Act recommendations, the Government of Canada will engage Provinces and Territories, Indigenous partners, stakeholders, and civil society on all 22 Emergencies Act related recommendations, including seeking views on potential legislative amendments as described in the recommendations.
Background:
In Winter of 2022, demonstrations and blockades took place in downtown Ottawa, and at several Ports of Entry, including at the Ambassador Bridge in Windsor, Ontario, in Coutts, Alberta, as well as at the Pacific Highway Crossing in British Columbia, and Emerson Manitoba. These demonstrations were in opposition to the various public health measures that were implemented in response to the ongoing Covid-19 pandemic.
These demonstrations and blockades disrupted the lives of ordinary people and interrupted the movement of goods, creating a further impact on businesses, manufacturers and critical supply chains. These blockades overwhelmed local police services and created a unique and urgent situation that was national in scope. On February 14, 2022, The Governor in Council issued a proclamation pursuant to the Emergencies Act, declaring that a public order emergency existed throughout Canada, which necessitated special, but temporary measures to restore public order. By February 23, the statement of public order emergency had been officially revoked, as well as the emergency measures.
As required by the Act, the Public Order Emergency Commission (POEC) was established in April 2022 in order to investigate and report on the circumstances that led to the invocation of the Act, and whether or not the invocation was justified. The POEC Final Report was released on February 17, 2023 and concluded that while the high threshold required for the invocation of the Act was met, it also concluded that the events that transpired demonstrated a failure in policing and federalism.
In response to the invocation, various organizations and individuals, such as the Canadian Civil Liberties Association, Canadian Constitution Foundation, Canadian Frontline Nurses, and Jost et al, sought judicial review of this declaration and of the regulations that were made under the Act.
On January 23, 2024, the Federal Court of Canada issued its decision on the application for judicial review, finding that the invocation of the Emergencies Act was unreasonable. Despite finding certain respects that the decisions of the government were valid and fell within constitutional boundaries, it also found that the decision to invoke the Act did not meet the definition of ‘national emergency’ to justify the use of extraordinary powers, and that certain of the temporary measures adopted to deal with the protest infringed sections 2(b) and 8 of the Canadian Charter of Rights and Freedoms, and that neither infringement was justified under section 1 of the Charter.
Despite the decision of Canada’s independent judiciary, the Federal Government has decided to move forward with an appeal process.
The Minister of Public Safety released the Government Response to the Public Order Emergency Commission’s Final Report on March 6, 2024. The Government Response builds on the six-month update and provides a recommendation-by-recommendation response to the Commission’s Final Report, outlining the federal Government’s consideration of the recommendations. The Response further highlights completed, ongoing, and planned initiatives for each recommendation under federal jurisdiction. The Response demonstrates a commitment to learn from the Report’s findings in order to lessen the likelihood of future public order emergencies and to ensure more effective responses if they do recur. With respect to the 22 recommendations related to the Emergencies Act, the Government of Canada plans to engage Provinces and Territories, Indigenous partners, stakeholders, and civil society, to seek views on potential legislative amendments as described in the recommendations.