Declaration of Emergency Committee on June 14th, 2022

[Rachel Bendayan, Liberal, Outremont, QC]

Thank you, Minister, and thank you for providing us with those copies.

What were you hearing from provinces and municipalities prior to the invocation of the Emergencies Act? I'm specifically looking to understand whether what was being requested was possible to provide, at the federal level, without invoking the Emergencies Act. Were they asking for things that, in your opinion, we needed to provide through the Emergencies Act and the regulations and powers exercised under it?

[Bill Blair, Liberal, Scarborough Southwest, ON]

Thank you.

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.

[Rachel Bendayan, Liberal, Outremont, QC]

I understand you're quite familiar with the swearing-in of RCMP officers. Can you tell us how the invocation of the Emergencies Act assisted us in providing personnel to support?

[Bill Blair, Liberal, Scarborough Southwest, ON]

That's correct.

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.

[Rachel Bendayan, Liberal, Outremont, QC]

Earlier in your testimony you mentioned threats of blockades reappearing. I understand that police stated publicly that they intercepted a convoy of individuals headed from Ottawa to re-blockade the Ambassador Bridge. Were you aware of that?

[Bill Blair, Liberal, Scarborough Southwest, ON]

This was information—

[The Joint Chair, Hon. Gwen Boniface]

Minister—

[Bill Blair, Liberal, Scarborough Southwest, ON]

—that we were receiving from intelligence sources: that there was a very serious concern among law enforcement—

[The Joint Chair, Hon. Gwen Boniface]

Minister, I'm sorry. Ms. Bendayan's questioning is finished. I apologize. Thank you.

We'll move to three-minute rounds now.

Mr. Fortin.

[The Joint Chair, Bloc, Rhéal Fortin]

Thank you, Madam Chair.

I've had a quick look at the letters you've just given us, Minister. They are dated February 5, 2022. One is from the Premier of Manitoba and the other from the Premier of Alberta. They appear to have been overwhelmed by the situation.

When you invoked the Emergencies Act, a document concerning consultations with the premiers about the emergency measures was appended.

Did you read that document at the time?

[Bill Blair, Liberal, Scarborough Southwest, ON]

Yes, sir. I did.

[The Joint Chair, Bloc, Rhéal Fortin]

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?

[Bill Blair, Liberal, Scarborough Southwest, ON]

Well, frankly, no, Mr. Fortin, I'm not surprised by it.

What I can tell you is that there is a requirement under the Emergencies Act that consultation take place with the ministers. That consultation did take place. I only—

[The Joint Chair, Bloc, Rhéal Fortin]

But you clearly didn't follow their recommendations.

I apologize for interrupting, Mr. Blair. I'm being very rude, but we don't have much time.

[Bill Blair, Liberal, Scarborough Southwest, ON]

Of course.

[The Joint Chair, Bloc, Rhéal Fortin]

When the police cleared Wellington Street in Ottawa, there was nothing magical about it. No army tanks, helicopters or emergency response teams were deployed. We didn't see anything like that. The police arrived calmly and slowly, and cleared the protesters. After that, the tow trucks towed all the vehicles away.

I personally didn't see anything that would lead me to think it all happened thanks to the Emergencies Act. It looked to me like a straightforward police operation, such as you might have carried out during the G20 Summit or other events.

Can you explain to me how this clearing of Wellington Street depended on the powers conferred by the Emergencies Act?

[Bill Blair, Liberal, Scarborough Southwest, ON]

Yes, sir. I think there were some very important provisions that were made available to the police that supported their resolution of that event.

For example, they were able to get tow trucks for the first time. They weren't previously—

[The Joint Chair, Bloc, Rhéal Fortin]

I'm sorry, Minister. I'm not interested in knowing what it was possible to do, but rather what was actually done.

Were emergency measures used to clear Wellington Street? It didn't look like it when we watched what was happening on TV.

[The Joint Chair, Hon. Gwen Boniface]

Merci, Mr. Fortin. I apologize. I've been generous with the time.

Mr. Green, you have three minutes.

[The Joint Chair, NDP, Matthew Green]

Thank you.

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?

[Bill Blair, Liberal, Scarborough Southwest, ON]

It's a very important question. Thank you, Mr. Green.

I think it's important for us to understand the principle of proportionality in the response of the police. As I've said, it is the responsibility of the police to uphold the charter, to facilitate lawful peaceful protest, and when that protest becomes unlawful, then they also have the responsibility to uphold the law but to do it in a way which uses minimal force—

[The Joint Chair, NDP, Matthew Green]

I'll stop you there. Thank you for that.

[Bill Blair, Liberal, Scarborough Southwest, ON]

Your question requires a more fulsome answer. You can stop me if you like.

[The Joint Chair, NDP, Matthew Green]

You can provide it to us in writing, if you would like to, at the end. I have two minutes left.

Chief Sloly said there may not be a police solution to the demonstration, and has since stated that our institutions and police service were unprepared for the convoy.

Do you agree with that assessment by the former chief of police?

[Bill Blair, Liberal, Scarborough Southwest, ON]

I accept Chief Sloly's assessment that he was unprepared for what took place in Ottawa.