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.

On the agenda

MPs speaking

Also speaking

Joint Clerk of the Committee  Mr. Paul Cardegna
François Daigle  Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
Peter Harder  Senator, Ontario, PSG
Joint Chair  Hon. Gwen Boniface (Senator, Ontario, ISG)
Claude Carignan  Senator, Quebec (Mille Isles), C
Larry W. Campbell  Senator, British Columbia, CSG
Jenifer Aitken  Acting Assistant Deputy Minister, Central Agencies Portfolio, Department of Justice
Rob Stewart  Deputy Minister, Department of Public Safety and Emergency Preparedness

8:20 p.m.

Liberal

Yasir Naqvi Liberal Ottawa Centre, ON

Leading up to the invocation of the Emergencies Act, was there frustration on the part of the federal public service, or others you were communicating with, with the lack of action or the lack of capacity to put an end to this occupation by other governments, like the provincial government?

8:20 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

Rob Stewart

I would tend to agree that in Ottawa there was intense frustration. Elsewhere, there was a sense of unexpectedness, in the sense that we were dealing with a situation—and I want to emphasize this point—where we didn't know where the next protest was going to happen and we weren't able to have the intelligence, through police channels or social media, that would give us a good sense of that.

We had demonstrations pop up and rolling protests involving large trucks, potentially impairing access to critical infrastructure. For us, it was in part what we knew, but also in part what we didn't know, and that was coming across.

8:20 p.m.

NDP

The Joint Chair NDP Matthew Green

Thank you.

Mr. Fortin, the floor is yours for five minutes.

8:20 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

Thank you, Mr. Chair.

I'd also like to thank the three witnesses for being with us today.

My questions are for Mr. Stewart.

Other witnesses before you have been asked this question. Two secret orders were made between the end of January and the end of February. We are wondering whether that was connected with the emergency. Are you aware of those two orders?

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

Rob Stewart

No. I have no knowledge of them.

8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

So that means you don't know what they are about.

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

Rob Stewart

That's correct.

8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

Right. Thank you.

I imagine you were consulted before the Emergencies Act was proclaimed and you were consulted after that as the situation progressed.

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

In your opinion, at the time of the proclamation, was there really an emergency, as defined in the Emergencies Act?

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

Rob Stewart

Having an opinion is not part of my role. I give the minister advice.

8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

Nonetheless, you are the Deputy Minister of Public Safety.

Was this the first time you had to manage this kind of situation, with protests and the occupation of a public place?

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

Rob Stewart

It was the first time we had seen a protest this serious and this long in which the law could not be enforced.

June 7th, 2022 / 8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

In your opinion, was it not possible to put an end to the situation or even prevent it from happening under the laws in force in Canada, whether it be the Criminal Code, the Highway Traffic Act, or any other law in force in Ontario, particularly in Ottawa?

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

Rob Stewart

Yes, it was done in other cities that learned lessons from the situation in Ottawa and were able to prevent occupations.

8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

We all followed the situation, although without participating in the decisions, when the police decided to clear Wellington Street. It took about three days, I believe.

The police arrived and cleared everybody out. I may be wrong, but I didn't have the impression that they used special powers other than the normal powers that all police have.

To your knowledge, was there something done at that time that could not have been done without proclaiming an emergency?

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

Rob Stewart

The proclamation helped Ottawa police take measures, particularly concerning tow trucks.

8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

Does the Ontario Highway Traffic Act not already provide for the possibility of towing vehicles when they impede the public highway?

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

Rob Stewart

Yes, but we needed the cooperation of the tow truck drivers.

8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

Do the police not have the power to force tow truck drivers to tow vehicles?

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

Do police forces not have tow trucks?

Is that not part of a police force's equipment?

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

8:25 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

No police officer in Canada has control of a tow truck?

8:25 p.m.

Deputy Minister, Department of Public Safety and Emergency Preparedness

Rob Stewart

I don't know. At least, there would not have been enough tow trucks.