OTTAWA — Prime Minister Justin Trudeau is expected to announce the next steps the government will be taking to deal with the ongoing trucker convoy protests and blockades, after spending the morning consulting premiers on invoking the Emergencies Act which would grant exceptional federal powers.
Trudeau has scheduled a 4:30 p.m. EST announcement and media availability on Monday, alongside several key ministers including Deputy Prime Minister Chrystia Freeland, Justice Minister and Attorney General David Lametti, Public Safety Minister Marco Mendicino, and Emergency Preparedness Minister Bill Blair
Should the federal government be moving ahead with these unprecedented powers, it comes after consulting premiers and the Liberal caucus on Monday morning. According to sources, provincial leaders’ opinions were mixed.
These discussions focused on hearing feedback from elected officials about Trudeau’s intentions to push forward new measures to support the provinces and municipalities currently facing continued demonstrations, according to sources.
It remains unclear how extensive the new powers being sought will be, but consulting premiers of the provinces who would be impacted was a key first step in enacting the never-before-used federal authorities.
Sources have told CTV News government is not planning to call in the military—a move that has rarely been taken in the history of civilian demonstrations in this country—and if pursued, would happen separately through the National Defence Act.
This comes after a weekend of continued protests and high-level federal meetings to discuss next steps to address what the federal government has called “illegal blockades.”
Emergency Preparedness Minister Bill Blair told CTV News on Sunday that the federal government was prepared to invoke the Emergencies Act “when circumstances exceed the capacity of the provinces to manage it under their authorities.”
- Capital Dispatch: Stay up to date on the latest news from Parliament Hill
Blair, who has called the ongoing anti-mandate and increasingly anti-government protests a “significant national security threat,” told reporters on Parliament Hill midday Monday that the government is “prepared to do what is required.”
“We’re looking at other things that could provide assistance and support to those responsible for upholding the law,” said Blair.
While the Ambassador Bridge in Windsor, Ont. has reopened, other border blockades persist including in Coutts, Alta. and Emerson, Man. For the third week, downtown Ottawa remains occupied with emboldened participants undeterred by the threats of “severe” consequences in the face of minimal police enforcement of the layers of laws, injunctions, and emergency orders already in effect.
On Monday, as these high-stakes considerations were being made, outside of the Prime Minister’s Office a row of portable toilets could be seen with makeshift signs attached designating each as the “office” of key officials including Chief Public Health Officer Dr. Theresa Tam, while a sound system blared loud music with freedom-themed lyrics.
Some protesters CTV News has spoken to throughout the demonstrations in Ottawa have compared their permit-less and prolonged disruption to a wintertime Canada Day, and have expressed a willingness to stand their ground at all costs. News of the Emergencies Act being in play has not appeared to prompt any new concern.
On Monday morning, ahead of the meeting, Ontario Premier Doug Ford said that he would support the federal government “in any proposals they have to bring law and order back to our province.”
Ontario Premier Doug Ford declared a state of emergency in the province on Friday, invoking new emergency measures to levy stiffer fines and penalties on protesters, including a maximum penalty of $100,000 and up to a year imprisonment for non-compliance.
“These occupiers, they’re doing the total opposite of what they say they’re there to do,” Ford said.
Reaction from federal officials has already started streaming in, with Liberal MP Judy Sgro calling it a “very sad day for Canada.” Conservative MP Stephen Ellis said this step shows a failure of leadership from Trudeau, that “leads us down this very, very dangerous road.”
NDP Leader Jagmeet Singh also characterized the prospect of federal emergency measures as a failure of leadership, but said he supports enacting the exceptional authorities.
“The reason why we got to this point is because the prime minister let the siege of Ottawa go on for weeks and weeks without actually doing anything about it. [He] allowed the convoy to shut down borders without responding appropriately, and in doing so, has allowed the convoy to dig in, to get entrenched, to allow them to spread across the country,” Singh said.
WHAT IS THE EMERGENCIES ACT?
The Act allows for actions to combat urgent and critical situations that seriously threaten some aspect of Canadians’ lives, and that cannot be effectively dealt with under any other law of Canada.
Formerly known as the War Measures Act, the current iteration of the Emergencies Act passed in 1988 and has never been used. The last time these federal emergency powers were invoked under the then- War Measures Act was during the 1970 FLQ October Crisis, when Trudeau’s father was the prime minister.
The Act was called a "last resort” when federal officials were looking at the role the powers could play in March 2020 to deal with the COVID-19 pandemic. Ultimately, that step was never taken.
There are four types of emergencies listed under the Act, but it is likely that the protests would qualify best as a public order emergency which is described as: “an emergency that arises from threats to the security of Canada and that is so serious as to be a national emergency.”
Under the Act, the federal government could regulate or prohibit: public assembly expected to lead to a breach of the peace; travel to, from, or within any specified area; and the use of specified property.
- Feds should use emergency powers to end Ottawa occupation: expert
The government could also designate “protected places,” assume control of public utilities and services, and direct any person or class of people who are capable of doing so to render essential services.
Ultimately, breaking such orders can result in fines of up to $5,000 and/or imprisonment of up to five years.
One key note is that, while the powers do not allow the federal government to take over control or direction of any other level of government or police force, they could facilitate coordination and RCMP could become the lead authority within a jurisdiction.
Government will have to outline in a declaration why it feels the powers are needed given the circumstances on the ground, and what exact powers it wants to enact. This, and a motion for confirmation of the declaration of emergency, has to be presented within seven days to both the House and Senate. A cross-party and closed-door Parliamentary Review Committee will also be struck.
MPs are set to adjourn for a week on Friday and the Senate is not currently sitting until Feb. 22 – though dependxjmtzywing on the timeframe it’s possible one or both Chambers would have to be recalled.
Once a declaration of a public order emergency is issued, it is considered in effect, and unless the declaration is revoked first by Parliament, it will expire after 30 days. The law does allow for the declaration to be continued if the situation is not resolved within this timeframe. Within 60 days of the declaration being revoked, the government will have to convene an inquiry into the use of the powers.
RELATED IMAGESview larger image
Prime Minister Justin Trudeau leaves a media availability about the ongoing protests in Ottawa and blockades at various Canada-U.S. borders, in West Block on Parliament Hill, in Ottawa on Friday, Feb. 11, 2022. THE CANADIAN PRESS/Justin Tang
People gather for an anti-mandate protest on Parliament Hill in Ottawa on Sunday, February 13, 2022. THE CANADIAN PRESS/Frank Gunn
