Declaration of Emergency Committee on June 14th, 2022

[Bill Blair, Liberal, Scarborough Southwest, ON]

If I may, Mr. Motz, I think you're aware that police services from across Ontario, the RCMP and OPP all had been providing, from the very outset of this event, police resources to the City of Ottawa to assist in maintaining public order, but there clearly was a lack of success in actually resolving the issues that were taking place in this. They were unable to move those vehicles, particularly at the border crossings, although the OPP and other police services were at Windsor—

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Thank you, Minister. It's my question time. I believe in fact you did state on February 13 to the national media that the lack of enforcement in the nation's capital was “inexplicable”.

Now, you were at the centre of discussions for invoking the Emergencies Act. Before the decision to declare this public order emergency, were you briefed that it was being proposed upon the recommendation of law enforcement?

[Bill Blair, Liberal, Scarborough Southwest, ON]

I'm not aware of any recommendation from law enforcement. Quite frankly, this was a decision of government. It's a decision of the government, although I think we have, quite appropriately, a responsibility to consult with our officials and to consult with various jurisdictions and others who have authority as to the challenges.

As you'll recall, with the act—

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

If I'm hearing you correctly, then, the law enforcement did not provide advice or recommendations to invoke the act, as Minister Mendicino has been telling the country for the last few months.

[Bill Blair, Liberal, Scarborough Southwest, ON]

I appreciate the opportunity to provide clarity to your observation, if I may, Mr. Motz—

[The Joint Chair, Hon. Gwen Boniface]

I'm sorry. Mr. Motz's time is up.

[Bill Blair, Liberal, Scarborough Southwest, ON]

That may come at a later time.

[The Joint Chair, Hon. Gwen Boniface]

Mr. Naqvi.

[Yasir Naqvi, Liberal, Ottawa Centre, ON]

Well, the time has come. Why don't you provide that clarity?

[Bill Blair, Liberal, Scarborough Southwest, ON]

Thank you very much.

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.

[Yasir Naqvi, Liberal, Ottawa Centre, ON]

That's a very good point you're raising, because I've been curious about this. When you look at the order and the regulations under the Emergencies Act, it's a very precise set of powers, almost “surgical” in scope; I've used that word for it.

How did you go around as a government, as a cabinet, deciding what powers were needed to put an end to the occupation here in Ottawa and the blockades at border crossings?

[Bill Blair, Liberal, Scarborough Southwest, ON]

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.

[Yasir Naqvi, Liberal, Ottawa Centre, ON]

Can you speak to us also about the timing of the invocation, not only in terms of dealing with the occupation here in Ottawa and the blockades but also in terms of a preventive element? I think you alluded to possible convoys to other border crossings also being in the government's mind when they were invoking these powers.

[Bill Blair, Liberal, Scarborough Southwest, ON]

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.

[The Joint Chair, Hon. Gwen Boniface]

Minister, I'm sorry, but Mr. Naqvi's time is up.

We'll move to Mr. Fortin.

[The Joint Chair, Bloc, Rhéal Fortin]

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?

[Bill Blair, Liberal, Scarborough Southwest, ON]

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.

[The Joint Chair, Bloc, Rhéal Fortin]

I apologize for interrupting, Minister. I don't mean to be rude, but our speaking time is limited.

Am I to understand that when cabinet saw the convoy headed for Parliament Hill, in Ottawa, that it decided not to get involved because it was the responsibility of the Ottawa Police Service?

Cabinet never considered what it could do to stop the convoy from coming.

Is that really true?

[Bill Blair, Liberal, Scarborough Southwest, ON]

Like all Canadians, I have opinions, but I am also very mindful that my responsibility, as a cabinet minister, is not to direct the police in any way—certainly the police jurisdiction, who are governed by provincial statute and not by the federal government.

[The Joint Chair, Bloc, Rhéal Fortin]

We are, after all, talking about Ottawa's Parliament Hill. A week earlier, the truckers said they would be coming to blockade Parliament and you said it was a matter for the City of Ottawa police.

Is that right?

[Bill Blair, Liberal, Scarborough Southwest, ON]

If I may, it is ultimately the responsibility of the police of jurisdiction, but they have every ability.... They do, frequently. There are strong collaborative relationships that I'm aware of—because I've been part of them in the past in a different role—of collaboration between all orders of policing at the municipal, provincial and federal level. They work together and support each other.

I will tell you, Mr. Fortin, I do not believe it appropriate for the government or a politician to give direction to the police on how to police this event. We make sure that they have the resources and authorities that they require, but it's their job to make those decisions.

[The Joint Chair, Bloc, Rhéal Fortin]

What would happen if it were to occur again, Mr. Blair?

Let's suppose that Friday, this week, the newspapers were to report that in a week, lots of trucks would be coming to blockade Wellington Street and Parliament.

Are you saying that you would let the Ontario Provincial Police and the Ottawa Police Service take care of it and that you wouldn't get involved?

Don't you have some kind of plan to prevent that from happening? Am I correct in saying that no measures would be taken and that it would be the same as last February?

[Bill Blair, Liberal, Scarborough Southwest, ON]

No. Let me be very clear.

First of all, I am personally confident that law enforcement and those security officials responsible for Parliament Hill have learned some lessons from what has transpired. they saw the difficulty that they encountered here. I have some confidence that they'll respond appropriately.

I will also tell you that I'm aware there are important discussions taking place within Parliament and PROC, for example. There is other work taking place to look at how we can perhaps deal with the entire capital hill precinct in a more effective way.

[The Joint Chair, Bloc, Rhéal Fortin]

Steps are being taken and the committees are looking into the matter to ensure that we will be better prepared in future, but at the government level, nothing has yet been planned.

[The Joint Chair, Hon. Gwen Boniface]

Mr. Fortin, I apologize. Your five minutes is up.