Evidence of meeting #9 for Declaration of Emergency in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was laws.
A video is available from Parliament.
7:20 p.m.
Senator, Quebec (Mille Isles), C
You referred to precise provisions that you weren't able to enforce. What provisions are those?
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
I can't refer you to precise provisions of provincial laws. However, it was clear, from what we were seeing, that the emergency was a problem. Things were continuing to happen every weekend and problems were on the rise. The police were having trouble moving the trucks and keeping order in Ottawa and Windsor, for example.
7:20 p.m.
Senator, Quebec (Mille Isles), C
In Ottawa, on February 12, the police service issued a statement in which it said it had a plan. Do you know what that plan was?
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
I didn't see the plan. I was told there was one. I know the plan was being worked on with the RCMP.
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
Personally, I didn't see the plan.
7:20 p.m.
Senator, Quebec (Mille Isles), C
Right.
Do you know that in its media release on February 12, the police service stated that it had a plan and was awaiting reinforcements? It said it would put the plan into operation once it had the reinforcements. That release is dated February 12.
Do you know whether the reinforcements were provided to the Ottawa Police Service?
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
In their testimony, which has already been heard, Ms. Lucki and Mr. Duheme said they had sent reinforcements to Ottawa. I think there were police coming from more or less everywhere.
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
It was before and after February 12, but you would have to ask Ms. Lucki about that. I don't have that information, unfortunately.
7:20 p.m.
Senator, Quebec (Mille Isles), C
If I understand correctly, you don't know what specific provisions those people were not able to enforce and you did not take part with police services in discussions dealing with their inability to enforce the provisions.
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
Personally, I had no discussions with the Ottawa Police Service.
7:20 p.m.
Senator, Quebec (Mille Isles), C
Right.
Did you have discussions with other police forces?
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
I had discussions with the RCMP, but not with other police forces.
7:20 p.m.
Senator, Quebec (Mille Isles), C
What did the people at the RCMP tell you? Did they tell you they weren't managing?
Did they ask for the Emergencies Act to be applied?
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
I think you already have the answer to that question that Ms. Lucki gave.
7:20 p.m.
Senator, Quebec (Mille Isles), C
I have Ms. Lucki's answer, but not yours.
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
Ms. Lucki didn't ask me the question. The fact is that under the Act, it is the Governor in Council, not Ms. Lucki, who has to make that request and make that decision.
7:20 p.m.
Senator, Quebec (Mille Isles), C
Right.
Was the document on the Charter that you provided to us, that we received today, prepared after the Minister appeared?
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
Yes, that's right.
7:20 p.m.
Senator, Quebec (Mille Isles), C
Right.
I want to understand your definition of the word “seizure” correctly. In your opinion, that was not a seizure within the meaning of the Charter, because it's the banks that block the accounts.
Is that what you're telling us?
7:20 p.m.
Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
First, there was no seizure, because there was no transfer of ownership. No one took someone's account and gave it to someone else.
7:25 p.m.
Senator, Quebec (Mille Isles), C
Surely you're familiar with the Laroche decision.
7:25 p.m.
Senator, Quebec (Mille Isles), C
You're a lawyer, you are the most senior official in the department...
7:25 p.m.
NDP
The Joint Chair NDP Matthew Green
Forgive me for interrupting you, Mr. Carignan, but your speaking time is up.