:
I call this meeting to order.
Welcome to meeting number 10 of the Special Joint Committee on the Declaration of Emergency created pursuant to the order of the House on March 2, 2022, and the Senate on March 3, 2022.
Today's meeting is taking place in a hybrid format pursuant to the House order of November 25, 2021.
I'd like to remind all those present in the room to follow the recommendations from public health authorities, as well as directives of the Board of Internal Economy to maintain health and safety.
Should any technical challenges arise, please advise me, as we may need to suspend for a few minutes to ensure all members are able to participate fully.
Witnesses should also be aware that translation is available through the globe icon at the bottom of their screen.
We have with us today, from 6:30 p.m. to 8 p.m., the Honourable Chrystia Freeland, Minister of Finance.
Welcome.
She is joined by officials Isabelle Jacques, assistant deputy minister, financial sector policy branch; Jenifer Aitken, acting assistant deputy minister, law branch; and Sarah Paquet, director and chief executive officer, Financial Transactions and Reports Analysis Centre of Canada.
Minister, we welcome you. You have five minutes for your opening comments.
The floor is yours. Please begin.
:
Thank you very much, Chair, members and senators.
The work of this committee is very important and I hope my appearance will be helpful.
I am accompanied here today by the women of Finance, Isabelle Jacques, the assistant deputy minister; Jenifer Aitken, also assistant deputy minister of the law branch; and Sarah Paquet, the CEO of the Financial Transactions and Reports Analysis Centre of Canada.
My ministerial colleagues have explained how the Emergencies Act was invoked and carried out. I'm here to speak about the economic costs of the occupation and blockade and the measures carried out under the emergency economic measures order.
It was just three months ago that we saw the end of the blockades of key border crossings and the occupation of our nation's capital, which were doing great damage to Canada's economy and to our reputation as a reliable trading partner.
Tens of millions of dollars in daily trade were disrupted due to the blockades at border crossings. According to StatsCan, in Coutts, Alberta, about $48 million in daily trade was affected by the blockades. In Emerson, Manitoba, about $73 million in daily trade was affected by the blockade.
The blockade of the Ambassador Bridge affected about $390 million in trade each day. This bridge supports 30% of all trade by road between Canada and the United States.
The world's confidence in Canada as an investment destination was being undermined. We fought fiercely to protect Canada's privileged trading relationship with the United States during the NAFTA negotiations and in the face of the illegal and unjustified section 232 tariffs. We could not allow that hard-won success to be compromised, and we could not allow the livelihoods of Canadian workers to continue to be threatened just as we were all working so hard to recover from the economic damage caused by COVID-19.
[Translation]
And so, on Monday, February 14, more than two weeks after the occupation and blockades began, the Government of Canada invoked the Emergencies Act as a last resort to restore public order.
In the context of that necessary measure, the Emergency Economic Measures Order came into force on February 15 and introduced a number of temporary financial measures.
As a result of the blockades, on February 23, the government revoked the state of emergency declaration under the Emergencies Act as well as all temporary measures provided for under the Emergency Measures Regulations and the Emergency Economic Measures Order.
Madam Chair, I would like to explain the temporary measures provided for under the order and to show why the implementation of those measures was necessary and effective.
The order contains measures designed to limit financing of the illegal activities that led to the state of emergency, that is to say the funding from various organizations and individuals.
[English]
These measures meant that Canadian financial service providers—not the Government of Canada—were required, without the need for a court order, to freeze or suspend the account of an individual or business participating in the blockades, and to refuse to provide service or to facilitate any transaction related to funding the illegal blockades and occupation. In practice, they did so based either on information they received from law enforcement agencies authorized to be disclosed by the emergency economic measures order, or on information collected from their own internal processes.
I'd like to emphasize a very critical point here, that financial service providers made these decisions independently. There was no political direction.
As of February 21, during the period when the order was active, enforcement action under the emergency economic measures order had culminated in the freezing of approximately 280 financial products, such as savings and chequing accounts, credit cards, and lines of credit for a total of approximately $8 million, including $3.8 million from a payment processor. Further, 170 Bitcoin addresses were identified and shared with virtual currency exchangers.
Law enforcement agencies were authorized to provide information to Canadian financial service providers. This included the identity of persons and entities believed to be participating in illegal blockades. If the law enforcement agencies were satisfied, this disclosure would help financial service providers apply the order.
For their part, Canadian financial service providers were directed to review their relationships with anyone involved in the blockades on an ongoing basis and to report the existence of related property and transactions to the RCMP or CSIS.
Madam Chair, as the government said at the time, and has proved to be the case, these measures were temporary.
This means that we won't get anything, probably.
Ms. Freeland, senior officials from your department who are with you here today appeared before our committee earlier this spring. Yet, none of the witnesses you offered could speak to the economic implications of the protest in February that we asked them about. It's convenient for you, considering that you put great stock not only in the invocation of the act, but also in your statements today claiming economic justifications for declaring a national emergency.
Will you make available to this committee the appropriate expert witnesses who can actually defend these economic claims?
Look, I appreciate that many of us here are elected and we have a partisan job to do, but I really want to speak very sincerely as Canada's finance minister and as a person who fought so hard, supported really by our whole country, to maintain that essential trading relationship with the United States. It was clear to me that with each passing hour, our economic reputation with the United States as a reliable trading partner and as a reliable investment destination was being damaged.
I'm going to quote Elissa Slotkin, a Michigan congresswoman. This is what she had to say:
It doesn’t matter if it’s an adversary or an ally—we can’t be this reliant on parts coming from foreign countries.
The one thing that couldn’t be more clear is that we have to bring American manufacturing back home to states like Michigan. If we don’t, it’s American workers...who are left holding the bag.
Then she vowed the following:
to continue the work that Michiganders have been pushing for over the last 30 years: bringing manufacturing of critical items back to the U.S. so we’re not dependent on others for our economic security.
This is so dangerous to Canada, colleagues. I was deeply, deeply concerned that these illegal blockades and this illegal occupation would provoke a whole new wave of protectionism and deeply erode our trading relationship with the United States. That was a real economic threat.
Going back to Mr. Motz's point, reputational harm is not something that you necessarily feel fully in the moment. It's something that you feel in the years ahead. Later on I'll quote Flavio Volpe, who talked about, at the time, his concerns that, going forward, investors would not choose to put their money into Canada because they would, quite reasonably, say to themselves that there is no guarantee that parts we build in Canada will be able to freely and easily travel to the United States.
I also spoke directly with U.S. government officials. They were very, very worried. I was very, very worried as well. The measures that we took were serious. The members of this committee are right to scrutinize them carefully. But I do also want to remind everyone here that the economic harm—in the moment and in the weeks, months and indeed years to come—was serious, and it was becoming more serious every single day.
:
Thank you for that, Minister.
I too, at the time, was extremely concerned. At the time of invocation of the Emergencies Act, as I understand it—both at the time and from testimony at this committee—the blockade at the Coutts, Alberta, international border was ongoing and that the border would only reopen on February 15. The blockade at Emerson, Manitoba, was also ongoing and the border there would only open two days following the invocation of the Emergencies Act. In Surrey, B.C., it was the same thing. It would only open several days later. There was a continued threat of further blockades at the Windsor border, which, as you mentioned, Minister, affected about $400 million in trade each day.
I would like to hear you on the economic importance of this, not only for our country but also for workers. I have read a quote from Dave Cassidy, the president of Local 444 of the United Auto Workers, which represents workers at the factory in Windsor. He said:
Our whole economy…depends on that bridge being open
If these lines don't run and the workers are sent home, then these working families unfortunately become collateral damage to the protest that's going on at the bridge
Minister, can you speak to the importance of supporting our Canadian workers at this time?
:
Thank you, Madam Chair.
Welcome to the committee, Minister.
I'm pleased to learn that you're already working on production of the documents we've requested. I understand what cabinet secrecy is. I imagine you also understand the importance of the work we're doing and the fact that we've been sworn in and may receive confidential documents and information.
We can't carry out our mandate if we don't have all the information and documents we need to do so. I hope you're aware of that too. I'm sure you're making good faith efforts to do what has to be done for us to have that information and those documents.
Having said that, I'd like some clarification on one point.
Did you take part in cabinet discussions before the Emergencies Act was proclaimed?
I'll say, right off the top, welcome, Deputy Prime Minister. You're here both as Deputy Prime Minister and Minister of Finance.
I have to say that I'm very concerned about the nature of the answers. I'm the fourth questioner, yet I'm not sure you've brought any additional facts. You're quoting news articles. You're quoting people. You're talking about primary sources.
I will put to you that we need you as a primary source, as somebody who supported this. I need to know if the government had, within its department—within your department, your ministry—facts that meant the economic impacts of the occupation were significant enough to meet the threshold of “threats to national security”, as legally defined in section 2 of the CSIS Act. I'm not talking about feelings. I'm not talking about reputation and how bad we might look in the world. I'm talking about quantifiable facts your department would have provided for the inevitable invocation of the act.
I'm going to put the question to you directly: What were the economic impacts of the occupation, and were they significant enough to meet the threshold of a threat to national security, under section 2 of the CSIS Act?
:
I'm happy to answer your question if I'm not interrupted. I have to start again.
Sincerely, with all due respect, I dispute the contention that, when it comes to the economy, reputation doesn't matter. In fact, Canada's reputation as a reliable trading partner, as a reliable investment destination, as a country with peace, order and good government, and as a country with stable and effective political institutions.... These are some of the most precious things we have, as an economy, and they're the foundation of our prosperity.
I would—
:
Maybe I'll start, if it's in the spirit of your question, by talking a little bit about the economic damage to Ottawa.
Let me start by pointing out that the City of Ottawa released a report last week detailing the cost of the illegal blockade to the City of Ottawa itself. They put the cost at $37 million. Larry Andrade, a Deloitte partner, calculated the damages suffered by businesses and employees in the Ottawa area during the occupation period to be between $150 million and $207 million. The Retail Council of Canada estimated that there were losses of $3 million per day in sales.
When it comes to the second part of your question, on the thought process, I do want to assure the members of this committee that I am very aware of the seriousness of invoking the Emergencies Act. I'm very aware that doing so was a big decision. What I as Minister of Finance would like to say to you and to Canadians is that the gravity of that decision was weighed, in my mind and in the discussions within our department, against the gravity of the economic damage that was being done. The economic damage that was being done truly was compounded. Every day that it went on, specific damage was being done, but every single day that it went on, that really was a blow to Canada's reputation. It was a blow to every single Canadian who goes out and tries to get someone to invest in the country. It was a blow to every single Canadian who tries to be a supplier to an American partner. I heard directly in conversations I had with Canadian business leaders who were getting in touch with me that they were gravely concerned. I actually heard it from some members of this committee who asked me questions in question period and who, at the time, were gravely concerned. Certainly, I, of course, was not the only person in the Department of Finance who was working on this. My officials and my political colleagues were all hearing exactly the same thing.
:
I think that is an excellent question, and because it's so important, and given the importance of clear communication, I do want to take this opportunity to reinforce that. I'm now going to read from the RCMP statement of February 21:
At no time, did we provide a list of donors to Financial Institutions.
It's important for Canadians to understand that, because you're quite right, Senator, that someone could well have made a donation that was perfectly legal, to a legal cause. I want to assure them that at no time did the RCMP give their names to financial institutions.
I also want to point out that on June 9 the Bank of Canada released its annual financial system review, and it actually found that the degree of confidence in Canada's financial institutions and system is at the highest level ever. I am not, in any way, challenging—
:
I'll try to ask another question that you've already answered.
As the Minister of Finance, you know the numbers.
Can you quantify the economic impact of the measures that were taken, of the blockades and the harmful impact they had other than by citing a report by the City of Ottawa three months later?
When you made the decision, did you have a figure in mind that would support that decision? I'd like to have a number.
You were asked the question in English, but I'm asking it in French.
:
Thank you, Madam Chair.
Thank you, Minister, for being here. It's helpful for you to be here in person. I thank you for that.
As you know, I'm a senator from Ontario and resident of Ottawa, so it won't surprise you that I'm asking you this: Why did it take you so long to come to the conclusion that this measure was necessary, given the impact on the border, the reputational impact, and the very real impact on business in Ottawa?
:
I think you even have senators in this group who have greater expertise in policing than I do.
Speaking as Minister of Finance, I will say that I had Canadian business leaders in touch with me, my officials and my political colleagues, constantly. They were gravely concerned. They shared with me the views of their clients and investors, in quite vivid terms. These were not people who hyperventilate. These were people who could really see, every day, their businesses being eroded and, therefore, the national economy.
I also took very seriously, Senator Harder, the points of view expressed by our American partners in conversation, as well as public statements by American politicians—politicians who want an excuse to impose protectionist measures on Canada. These blockades and illegal occupation were the perfect events designed to make it easier for American protectionists to close their market to us.
I apologize for coming in late. I'm not feeling great today.
Thank you very much, Minister, for being here.
We understand that there were no charges laid in relation to the freezing of assets. We also understand that the assets were released prior to any thorough investigation. That's according to the law enforcement authorities.
What other options to freeze these assets would have been considered, say, in the week or weeks prior to the invocation?
:
I thank you for that, Minister, because, really, that's what I'm referring to. On February 17 a Mareva injunction was brought forward by a local lawyer and a group of business people that did exactly the same thing the Emergencies Act did, so, certainly, it should have been considered an option.
I don't think the RCMP actually ever discussed recommending the Emergencies Act a week prior when we had them before us. It will be interesting when we get them back.
Since the goal wasn't to seize the assets but only to freeze them, I guess my question really was why the government didn't take that step, and you've answered that, thank you.
Can you offer to us what options were contemplated, other than the invocation of the act, for some of the other assets required? An example would be aid to civil power by a police agency, in particular the RCMP, who use the civil power probably multiple times every year, typically for equipment. Was that considered in the absence of the invocation of the act? If it was, what made the government decide not to use it?
:
You know, Senator, when it comes to the powers that the RCMP felt they needed, I think it would be most appropriate to hear directly from the RCMP.
I have spoken about court orders and the much more time-consuming process to get a court order for each account, versus the approach that the Emergencies Act permitted.
In saying that, though, I do want to emphasize one thing, which is that I am really aware of the seriousness and the gravity of the authority that the Emergencies Act granted when it came to freezing bank accounts, so I want to pick up on something that you said. The point here was to freeze, to suspend. It was in no way to confiscate. I also want to point out that those accounts were unfrozen as of February 24. I further want to point out that the decisions were made by financial institutions themselves based on their reading of the act, and also based upon conversations with the RCMP.
These were not political decisions, and in no way were small donors focused on.
:
Thank you very much, Chair.
Thank you, Minister, for being here today.
Minister, as you know, I represent the riding of Ottawa Centre, which has been referred to as perhaps ground zero of the occupation, right outside this building. It was not just Wellington Street. It was beyond Wellington Street, in all the surrounding neighbourhood that is around Parliament Hill. It impacted hundreds of businesses, not to mention the Rideau Centre, which I'm sure many of us have frequented. It's one of the largest shopping malls in this city, employing thousands of people. On the eve of reopening after the mandate of closure by the provincial government, they were forced to shut down for three straight weeks.
We saw a real impact. In fact, my office fielded many questions from workers and from business owners who were seeking help—one, to end the blockade and occupation, and two, to give them financial support that would sustain them through that period.
Can you speak to, from your analysis, the specific economic harm that you were seeing of that ongoing occupation and, if you had not ended that occupation by way of invoking the Emergencies Act, the harm it would have had on Ottawa's economy? Can you also talk about what was happening at Windsor and the impact on our economy across Canada, at the Pacific crossing, Coutts and other border crossings as well?
:
Thank you for the question, Mr. Naqvi.
I do want to say to you, as the member of Parliament for Ottawa Centre, that I think you and your constituents really were among the hardest-hit people by this illegal blockade and occupation. Senator Harder asked me why it was allowed to go on for so long. I know from conversations we've had that many of your constituents asked you that question as well. I think it's a really legitimate question.
I'd like to say to them, through you, that I really regret, deeply and profoundly, what they went through. I hope they will understand that the reason we acted carefully and thoughtfully, after the passage of time, was that we truly viewed this as a measure of last resort. These were actions that I firmly believe were the right thing to do. I believed it then. I believe it now, in hindsight. But they were actions that needed to be, and were, taken carefully and thoughtfully.
On the specific economic impact to the city of Ottawa, as you know well, the City of Ottawa has presented a report calculating just the direct effect to the city itself. They put that cost at $37 million. The Retail Council of Canada has calculated that losses just to the Rideau Centre, to which you referred, and the sales there were $3 million a day.
I've already cited Larry Andrade of Deloitte, who calculated that the damages suffered by businesses and employees during the occupation of Ottawa ranged from $150 million to $207 million. That was just Ottawa, so this was a very, very serious impact. And you yourself know very well the psychological and personal impact it had on so many people.
:
Thank you, Madam Chair.
Ms. Freeland, I'd like to make a brief preliminary remark.
Earlier you told Mr. Brock that a judge would feel he was harassing you or the witness. Personally, I think a judge would tell you that that's enough and that you should answer the questions put to you. We'd thank you for that.
We're wasting our time here. You've been testifying for nearly an hour, but you're going around in circles. We asked you what was done before the Emergencies Act was invoked, but you didn't answer the question. You skated around it. We asked you why you waited so long, but you skated once again. Senator Carignan asked you if the United States had offered to send in tow trucks, and again you skated around the question. That's really disappointing, Minister.
I don't know how we're going to carry out the mandate the House of Commons has given us. We need information and documents, not a figure skating performance. With all due respect, I wish you would answer our questions.
I'm going to ask you one last time: can you tell us in 30 seconds what was attempted before the Emergencies Act was invoked?
My clock will start, I guess.
Minister, again, thanks for being here.
I was disappointed that you referred to this as an “adversarial” session, because I see it as fact-finding and within the legislation. That's just a statement, because I don't believe it should be adversarial.
There were a couple of areas, though, that concerned me when we were walking through the blockade. I live in the city of Ottawa and I'm the senator for here.
One was the fact that the mayor was negotiating an agreement with people who we had agreed were committing a criminal act. Did that play into the decision of the federal government to invoke the Emergencies Act, the fact that a contract was signed by the mayor and I think Madam Lich in relation to allowing them to fortress around Parliament Hill in exchange for a release of other property?
:
Thank you very much, Senator.
First of all, let me begin by expressing my very sincere thanks to this committee for the invitation and the opportunity to speak before you today.
Madam Chair, the Emergencies Act invocation on February 14 was the first use of this statute since it was created in law in 1988. The decision to invoke the Emergencies Act was a significant decision for any government to make and, as such, it deserves close examination and scrutiny. I am grateful for the hard work of this committee to perform that important role on behalf of all Canadians.
The responsibility for maintaining public order in Canada, enforcing our existing municipal bylaws, provincial statutes and the Criminal Code is the responsibility of the police of jurisdiction. They also have the important responsibility of upholding the Charter of Rights and Freedoms to facilitate lawful, peaceful protest. In Ontario, these authorities and that responsibility are well defined within the Ontario Police Services Act. For the use of this committee—I know, Madam Chair, that this is something you're very familiar with—I've brought, in both official languages, a copy of the Ontario Police Services Act, which I hope will be helpful to this committee.
As the events of the convoy and the protests unfolded, initially with rolling convoys across Canada and then the establishment of an encampment of protesters in the City of Ottawa, we saw the fortification of that encampment with heavy trucks and trailers. What we then witnessed were targeted blockades, which effectively blocked vital trade corridors and cut off the movements of goods and essential services to our manufacturing sector and the movement of essential goods and services throughout the country. Those blockades, and the impact of those border blockades in particular, were particularly impactful.
I know previous witnesses have articulated for this committee what some of those impacts were. I have also received correspondence from my ministerial colleagues in Alberta, from the premier in Manitoba and from others across the country, articulating some of the huge challenges that those blockades represented and the threat to the economic security of those provincial jurisdictions and municipalities across the country. We've also had extensive reports from the private sector in manufacturing about the enormous impact those blockades were having.
Throughout the course of this event, we observed in many jurisdictions—including right here in Ottawa—that law enforcement was unable to resolve the serious and harmful behaviours that were taking place in a timely and effective way. For example, the police were unable to remove the heavy trucks that were blocking many of the streets in Ottawa and on municipal and provincial roadways in Ottawa, Windsor, Emerson in Manitoba, Coutts in Alberta and on the Pacific Highway in British Columbia.
In order to determine why the police were having this difficulty, I had conversations and consulted directly with the police leadership and the mayor here in Ottawa, for example. I asked the chief of police in Ottawa if he could advise me why they were unable to tag and tow the vehicles. In my experience—I spent many years in policing—the tagging and towing of those vehicles seemed like a logical step. However, the chief advised me, and I accepted his explanation, that he did not believe it could be done without provoking violence, nor could it not be done safely by his bylaw enforcement officers. I then spoke to him about towing the vehicles off the street, and he advised me that notwithstanding the fact they had a number of service contracts with towing companies in the national capital region, none of those towing companies were willing to come to remove those vehicles. Chief Sloly's advice was that they were concerned for their safety or for their ongoing business relationship with the trucking industry. In any event, they would not respond.
I heard similar information, by the way, in my conversations with Minister McIver in Alberta, who identified that they were unable to secure tow trucks to remove the vehicles from the Coutts highway. He asked, and we examined, whether or not there were any other towing vehicles that were available to the Canadian government. We examined what was available to the Canadian Armed Forces, for example, and were advised that they did not have appropriate vehicles for that purpose and they were unable to assist. That problem persisted.
I also had conversations with the commissioner of the RCMP about the challenges the RCMP were facing in the removal of those blockades on the highway in Coutts. I asked why the Alberta Traffic Safety Act wasn't being utilized to direct traffic off those roadways or to remove the vehicles that were blockading. I was advised by the commissioner that they had information about and were conducting an investigation into the presence of firearms at that particular blockade. She was, quite understandably, very concerned about the safety of her officers engaging in that activity, but ultimately I was advised that until they were able to—subsequently through investigation—make arrests and seize those weapons that those circumstances did not allow them to use their authorities as existed under municipal, provincial and federal statutes.
As a consequence, those blockades persisted for a considerable period of time, over two weeks in Alberta and over seven days in Windsor. Throughout those occupations, we were also advised that there was a strong likelihood of further blockades at points of entry like the Blue Water Bridge in Sarnia, the Pacific Highway in Surrey or the Peace Bridge in Fort Erie. There was strong information being received from our officials, that was advising of the intent of these blockades to return to places that they had previously blocked or to go to new points of entry because it had been a very effective tactic.
Minister, when you were the chief of the Toronto Police Service during 2010, you had nearly 20,000 extra police officers at your disposal during that G20 summit. That support was provided to you—funded and organized—by the federal government.
Here in Ottawa, we had former police chief Sloly, who testified at committee, and we heard in the media that he was asking the federal government for just 1,800 officers, about a tenth of what was provided to you in Toronto.
Why didn't you focus on getting him those resources instead of conjuring up unprecedented use of extraordinary powers in the Emergencies Act?
The consultations I was having with law enforcement were with respect to the performance of their duties under the authorities that existed under the municipal bylaws, under provincial statutes and under the Criminal Code. They were clearly having difficulties in effecting the lawful purpose of restoring public order in the city of Ottawa, protecting the people of Ottawa and opening up those vital trade corridors that were being blockaded. Law enforcement was clearly having difficulties in doing that, and I needed to understand why. I asked them a number of questions about how they were performing their duties and what impediments they were encountering to do their job.
One of the considerations government has to consider before invoking the act is to ensure that no other law of Canada can be applied to these circumstances. I think it was absolutely essential and appropriate to consult with law enforcement to see why they weren't able to effect this lawful purpose so that we could, based on the information they provided, make decisions about what would enable them to do the job of restoring order, restoring peace, opening up those trade corridors and ending what was clearly a national emergency.
:
I think it's a very important question. We looked very carefully at what was taking place in Ottawa, in Windsor, in Coutts, Alberta, and across the country. We made a determination, based on information that we were receiving from our officials and from local law enforcement, about the challenges they were facing.
You'll notice in those provisions, for example, that we had heard from many jurisdictions that they were virtually unable to get the tow trucks they needed to remove those large heavy trucks that were being used in the blockade. Those vehicles anchored that blockade and made it almost impossible for the police to effect a peaceful resolution of those demonstrations because of the presence of the vehicles, and yet they had no ability to remove the vehicles. We added a provision in the legislation that allowed us to actually exercise some control and commandeer those vehicles from the tow truck companies. I think they were actually grateful that we did that, because it enabled them to do their job without fear of reprisal.
So we put that provision in there. It's an extraordinary measure. I want to be very clear that we were working closely with the Province of Ontario, which, as you'll recall, a few days earlier had invoked their own emergencies act with a number of very important measures. But they did not address that problem that law enforcement was facing, so we did it within our act.
There were also issues with respect to the need to designate certain spaces for effective action in order for the police to take effective action to protect those spaces. For example, we have the International Bridges and Tunnels Act that protects the Ambassador Bridge, but it didn't apply in these circumstances, because the blockades were set up on a municipal roadway. We needed the ability to exercise control over that space and to designate that space as a place to be protected under the Emergencies Act. That wasn't covered under any other federal or provincial or municipal statute.
:
Yes, sir. First of all, there was a very clear nexus between the demonstrations and the blockades that were happening here in Ottawa through fundraising and other activities, and frankly, auxiliary and spokes of the protest. We were seeing these rolling convoys, and they were popping up at a number of points of entry. Those points of entry, really, in my mind, elevated this to a very significant threat to national security, because that's critical infrastructure. Those transportation corridors, those vital supply lines, the connection to manufacturing in Ontario and other parts of the country, those are critical infrastructure issues in this country.
We believed it was necessary to end the blockades in Ottawa and to provide better protection to all of those points of entry because of the problems that law enforcement had encountered in keeping them open.
We had some success. For example, as a result of an RCMP investigation, a number of individuals were arrested for very serious crimes. The blockade was removed at Coutts, but it persisted at Emerson and the Pacific Highway. It took seven days to open the corridor at Windsor, but we were receiving strong intelligence, and frankly, the protesters were being quite vocal that they were going to roll on to the Blue Water Bridge at Point Edward. They were going to go to the Peace Bridge. They were threatening, and we believed that those points of critical infrastructure were also at risk. Preventive measure were taken to discourage that, and to do it in a way that did not necessitate the use of an overwhelming force, but rather to create strong disincentives to the continued disruption and taxing of critical infrastructure, constituting a national emergency.
:
Thank you, Madam Chair.
Good evening, Mr. Blair.
Thank you for your testimony, Mr. Blair. You may be one of the clearest witnesses we've had so far, for which I'm delighted.
We agree that the convoy that blocked Wellington Street in Ottawa had been expected for some time. An article published in Le Nouvelliste on Friday, January 20 of this year, one week before the convoy arrived, stated:
…next Friday, the truckers will meet before dawn at the border crossings at Saint-Théophile in Chaudière-Appalaches, Stanstead in the Eastern Townships and Saint-Bernard‑de‑Lacolle in Montérégie, then join up on Autoroute 40 in Vaudreuil, west of Montreal, and head for Ottawa.
Angry truckers will also be coming from other Canadian provinces that same day. If all goes to plan, the protest in Ottawa should peak around noon.
The newspapers predicted at least a week in advance that a large convoy of trucks from across Canada and even the United States would be arriving in Ottawa.
You were a minister at the time. What happened in cabinet? Did someone say that something should be done or that what was coming should be prevented?
:
I think it's an important point of clarification regarding responsibility. First of all, lawful and peaceful protests take place every day in this country. Canadians have, under the Constitution and Charter of Rights and Freedoms, the right to engage in lawful and peaceful protest. In every case, it is the responsibility of the police jurisdiction to police that event and to facilitate that lawful and peaceful protest, and also to maintain public order and ensure that the rule of law and public safety are maintained.
I was aware of the police jurisdiction, because it was a publicly announced event, but I don't believe, Mr. Fortin, that the police had a full appreciation of its nature. This wasn't just a protest, with great respect, but a blockade. It was an encampment, and it was fortified by these big trucks. When they came, in my conversations with the police forces, this did not meet their expectations of what was going to transpire. They were prepared to police a protest, but this evolved very quickly into something more than a protest. It became an occupation.
:
I have a note in front of me. I'll read part of it to you, if that's all right, Senator.
First of all, on February 11, the Premier of Ontario declared a province-wide emergency, as they put it, as a result of “interference with transportation infrastructure” and “other critical infrastructure” occurring across the province. In that, they made orders with respect to 400-series highways, airports, hospitals, etc., and an order prohibiting a number of activities, including travelling to and from critical infrastructure.
I think that, rather importantly, the emergency order did not create any arrest authority. It did not address the issue of the tow trucks. It did not allow us to designate certain spaces for certain activities by the police that were necessary in order to protect those places. It did not pertain to any financial measures to address some of the challenges that our financial tracking officials were facing in dealing with this effectively.
There were a number of areas that the province felt appropriate to issue their order, and they did, and, by the way, it included a number of fines that to the best of my knowledge weren't actually utilized. But I believe there were additional authorities that were required by law enforcement in order to bring about a peaceful resolution of that event and to address what we believed very sincerely was a significant threat to national security and therefore an emergency, so we brought those measures that were neither available in current legislation nor available in the Ontario emergency declaration.
:
It certainly wasn't available to us under the current legislative authority governing policing in Ottawa and in Ontario. I think that who's actually in charge is very clearly articulated.
As well, it's not a federal responsibility, if I may respectfully point out. The authority, with respect to providing adequate and effective policing services, is first of all with the local police services board. Ultimately, it's the responsibility of the solicitor general for the Province of Ontario.
I had a number of conversations with the Solicitor General and with other police leaders about the assistance that was being provided in this jurisdiction and in other places. We were talking about, for example, the bridge at Windsor. Actually, I know the commissioner of the OPP, as you do. He's a very experienced and capable police leader. I have a great deal of respect for and confidence in the leadership of all of the police services that were coming to help, but they were facing challenges where their existing legal authorities—municipal, provincial and federal—did not allow them to bring about a peaceful resolution.
Based on that information, we made decisions as to what needed to be done in order to facilitate that peaceful resolution.
:
Thank you very much, Chair.
Thank you, Minister, for being here.
Minister, I just want to thank you for your candour not only tonight but throughout the event as well. I note, for example, that early in the process of observing the occupation, you said that the police needed to do their job. Tonight you acknowledged that law enforcement was unable to bring a peaceful resolution to this.
That observation we enjoyed here in Ottawa for several days. Why did it take so long for the government to form a view that action had to be taken?
:
Senator Harder, that's a difficult question.
I think the actions we took in invoking the Emergencies Act and the measures that were introduced were necessary. Frankly, I think the principle of strict necessity is an important one. I believe very clearly that a state of emergency existed and that there was a very real threat to our national security, particularly in critical infrastructure, as a result of the actions of these protests and occupations.
I also believe that providing those new authorities did a number of things. I think it provided the police with the tools and resolution of challenges that they hadn't up until that point been able to overcome, but I also think it sent a very clear message to those who were engaged in that unlawful activity that the game was over and that there were going to be consequences for their continued actions. We saw that. We witnessed that. A lot of them just packed up and left. With respect to those who didn't, the police still had a job to do and they went out and did it. By the way, I will take this opportunity to commend them for the very professional way in which they did it.
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I did not engage, myself, in the operational responses of the police. I actually have a great deal of respect for the operational integrity and independence of the police to make the determination. They are governed by the rule of law, by the Charter of Rights and Freedoms, and my expectation is that their response would be effective and proportional.
What we did witness is that for a number of weeks the law enforcement response, not just here in Ottawa, but particularly here in Ottawa, had not been able to resolve those blockades of critical infrastructure in this country in a timely way. The blockades in Windsor, for example, went on for seven days. Ultimately, the police were successful in removing that blockade, but at an enormous cost not just to the economy of Canada, but to people. Workers who were idled when their plants were cut lost their hours. They lost their ability to support and feed their families
There was a very real impact by those blockades for those Canadians.
:
I can only speak for myself, Senator. What I can tell you is that I did not see any evidence of a plan that would effectively end these illegal blockades and the enormous impacts they were having on this community and Canadians right across the country. I did not see evidence of a plan to effectively deal with that.
One of the most important things, and I keep on coming back to it, is that people say, “Well, getting the tow trucks there to remove those vehicles is a trivial matter”, but it was not. In fact, with those trucks—you referred to it as a “fortress” in this community—a somewhat fortified encampment was taking place at our borders. The inability of law enforcement to have those trucks removed from those locations very significantly impeded their ability to end those occupations and to remove that threat. Therefore, it was something that we felt we needed to do.
There were a number of other measures that similarly were necessary to designate certain spaces for law enforcement action, for example to deal with particular situations where people were bringing children into those areas, which made law enforcement's job really difficult and dangerous.
:
Good evening, Minister Blair. I want to sincerely thank you for attending today.
As an observation, and in line with Senator Harder's comments, I really want to sincerely thank you for your candour and your willingness to respond appropriately to every question that has been put to you. You have been non-evasive, and you have been giving us substantive answers.
The whole process is to get to the truth, to determine whether or not there was a legal justification for the invocation of the act. Unlike the, who wasted 90 minutes of precious committee time, I sincerely thank you.
I wish to start off, however, describing my bewilderment and astonishment that someone with your experience in government, someone with your experience in policing for several decades, and someone who has participated in the invocation of emergency powers that have never been used in the history of this country, would not take notes. I find that absolutely incredible.
I want to ask you very clearly, in any discussion with cabinet or your officials in your department, are you telling this committee that you did not keep any notes? There was no note-taking by you, regardless of the number of meetings?
:
Thank you, Madam Chair.
Minister Blair, thank you very much for your testimony today.
I would ask for your views on a letter dated February 5 from the Government of Alberta. I recall seeing this letter, which was made public and reading it into the record of the House. It says, in part, that the RCMP “have exhausted all local and regional options to alleviate the week-long service disruptions”. They were asking the federal government for urgent assistance.
Do you recall that letter, Minister?
If I may say, one of the things the minister from Alberta was asking for was.... He was trying to get access to tow trucks. They couldn't get them from the towing companies in Alberta. They just wouldn't come, for a number of reasons that he articulated to me. He asked if the Canadian Armed Forces had appropriate vehicles that were fit for the purpose of removing and towing up to 70 vehicles off the Coutts highway, so we inquired. That's one of my responsibilities, because I respond to requests for assistance.
We inquired with the Canadian Armed Forces. They advised they did not have appropriate vehicles for that purpose. Minister McIver, quite respectfully, was not the only one facing the enormous difficulty of getting those vehicles removed. They were being used to anchor those protests. It really was a significant challenge for law enforcement and illustrative of some of the challenges being asked of us.
We responded, through one of the measures of the Emergencies Act, by making it available to basically commandeer those vehicles and make sure they were available for the purposes they were required for.
I've been involved in this a number of times. As a police officer, I used to come up to Ottawa to help with big protests up here, too. We've always faced a challenge. Police officers coming from anywhere else across the country, particularly RCMP officers, are not sworn in as constables for the province of Ontario and are therefore unable to enforce certain laws and provisions in this jurisdiction.
In order to facilitate the movement of police officers from across Canada so they could come to Ottawa to help with these measures, a section in the Emergencies Act allowed those RCMP officers to act as police officers here in the province of Ontario, or anywhere else in the country where they required that authority.
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The document indicates that the Premier of Alberta said on Twitter that the Alberta government was opposed to the invocation of the Emergencies Act. That was on February 14, 2022.
It also indicates that the Premier of Manitoba said that the situation varied considerably from one province and territory to another. With respect to this declaration, she said she was not yet convinced that the Emergencies Act should be invoked in Manitoba. Given the immense scope of this never-before-invoked act and the signal that would be sent by using it, she felt that it would not be constructive to use it in Manitoba.
So, on February 14, 2022, the respective premiers of Manitoba and Alberta told you that they did not need the Emergencies Act.
But the government invoked it anyway. Don't you find that somewhat surprising?
Minister, I've talked in the past about the juxtaposition between the different styles of policing. I've referenced what's gone on with the Wet'suwet'en and “lethal overwatch”. We've talked about the G20.
In your opinion, how would you care to comment on the juxtaposition? How do you explain to Canadians that the folks who were protesting the G20 were met with riot gear, kettling and mass suppression of their charter rights and that the folks who were in Ottawa here essentially had the red carpet laid out? They were provided with provisions for off-site accommodations, and there was oftentimes actually the appearance of almost a collaboration between the police and the occupiers.
Can you comment on the juxtaposition of those two states of policing in Canada?
So you didn't speak to representatives of the Ottawa Police Service about their plan. On February 12, 2022, they said they had a plan. On February 10, 2022, it had been possible to tow some trucks. On February 13, 2022, the blockade at the Ambassador Bridge was dismantled, vehicles were towed away and the bridge was reopened. On February 13, 2022, at 8:30 a.m., there was a cabinet meeting and cabinet concluded that there was no option other than invoking the Emergencies Act to put an end to the occupation.
:
Thank you, Madam Chair.
Minister, the protest in Coutts, Alberta, was resolved the day before the Emergencies Act was invoked. Police in Coutts addressed the situations there without the measures provided in the Emergencies Act. Further, we know that the blockade at the Ambassador Bridge in Windsor was also cleared by law enforcement prior to the invoking of the Emergencies Act.
Given what we know already, was invoking the Emergencies Act truly justifiable given the threshold that has to be met, that it can be used only if no other law in Canada will suffice?
:
Thank you, Madam Chair.
Minister, I read the two letters you gave us. The respective premiers of Manitoba and Alberta asked the federal government to take action, but nowhere does it say you were asked to invoke the Emergencies Act. You were asked for assistance in the form of providing equipment and staff to tow the vehicles.
Once again, when we look at the appendix we spoke about earlier, it's clear that three provinces asked for the Emergencies Act to be invoked. These were Ontario, British Columbia, and Newfoundland and Labrador. The other provinces were all against it.
On what exactly did you base the decision to invoke the Emergencies Act, Minister? The provinces didn't want it, and the police were not asking you for it.
What were your grounds for deciding to invoke the Emergencies Act?