Civil liberties group marks one-year anniversary of Trudeau's invocation of Emergencies Act

On the one-year anniversary of Prime Minister Justin Trudeau's invocation of the Emergencies Act, anticipation is building for the release of the national inquiry's report into the historic series of events surrounding the powers used to end "Freedom Convoy" Ottawa occupation and Canada-U.S. border blockades.

So far, the occasion is being marked in a muted way on Parliament Hill, save for a handful of “Freedom Convoy” protesters seen downtown on Tuesday afternoon. According to Ottawa police, a morning convoy of unspecified size “safely passed through the city without any incidents.” This is marked change from this time last year when the street was jammed with transport trucks, inflatables, and numerous anti-Trudeau and anti-vaccine signs.

"I think it's important to acknowledge not only because it was a significant event in Canada, but also because… in a week we're going to get some answers from the Commission … after what I think was a fairly thorough independent review, what that body has determined," said Canadian Civil Liberties Association (CCLA) Director Cara Zwibel on Tuesday.

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Zwibel, who played a leading role for the CCLA during the Public Order Emergency Commission (POEC) and is continuing to fight the federal government's use of the Act in court, called it a "sad anniversary for Canada," and said the CCLA "anxiously await" the release of the POEC's report on Monday, Feb. 20.

On Feb. 14, 2022, Trudeau made history in enacting the Emergencies Act and declaring a national public order emergency. The invocation allowed the federal government to enact wide-sweeping but temporary powers to help officials crack down on protesters’ access to funds, grant the RCMP jurisdiction to enforce local laws, designate critical infrastructure and services, and impose fines and imprisonment on participants who refused to leave the protest zone.

• Trudeau makes history, invokes Emergencies Act to address trucker protests 

The invocation of the Act prompted the launch of the Public Order Emergency Commission, which seized federal attention this fall as it examined the "appropriateness and effectiveness" of the measures taken by the government in its deployment of unprecedented national powers. 

After six weeks, more than 70 witnesses including key convoy organizers as well as Trudeau and his top advisers, and the submission of more than 7,000 documents into evidence, the public hearing portion of the commission's work wrapped up in late November 2022.

• 'What if the worst had happened': Trudeau explains why he invoked when he did 

Since then, Commissioner Paul Rouleau and his team have been working largely behind closed doors to pull together what's set to be a consequential and likely sizable report with recommendations. 

As the marathon hearings wrapped, Rouleau said he is satisfied that he was now "well positioned" to be able to answer the key questions he went into the process with: Why did the federal government declare the emergency? How did it use its powers? And, were those actions appropriate?

After the federal government granted the commission an extension that means Trudeau will receive the report on the same day as it's due to be made public rather than a few weeks in advance, the document and the commission's ultimate findings will be released next week. 

• Here's what central players had to say as the inquiry hearings wrapped

While it remains to be seen what the commission's conclusions will be, the report is likely to generate further consideration over whether the Emergencies Act, as it was drafted and passed in 1988, is due for an update.

While pushing for amendments to the majorly contentious law may pose challenges for the Liberals in the current minority Parliament, Public Safety Minister Marco Mendicino said Monday that the federal government is looking forward to working with parliamentarians to take the "number of recommendations and lessons" and "continue to protect our democratic institutions and public safety going forward."

• 'Utter and total mayhem': Key moments from Mendicino's inquiry testimony

Asked to reflect on the anniversary, Mendicino said Monday that after all that has come to light over the course of the commission's work, the federal government continues to feel that invoking the Emergencies Act was necessary, and a move taken out of concern for the impacts the protests were having on Canadians and the economy.

"It was not an easy decision. It was one that was taken, you know, without precedent both in terms of the situation on the ground as well as the invocation of the statute itself," Mendicino said. "We’re very much looking forward to receiving the report from Judge Rouleau." 

In case you’re curious, here’s what Parliament Hill looks like this afternoon, on the 1-year anniversary of PMJT invoking the Emergencies Act. OPS says there was some form of convoy activity that passed through the city but now it’s just a handful of ‘freedom’ folks by the gate. pic.twitter.com/aFxU4S70Og

— Rachel Aiello (@rachaiello) February 14, 2023