Public Safety committee  There were specific criteria set out in section 2 of the emergency measures regulations that added detail around what would be considered an offence under the regulation. If you give me just a moment, I will go back—

Public Safety committee  All right. Thank you, Chair.

Public Safety committee  As I indicated in my previous answer, there were indeed laws on the books. The question became whether they were effective in dealing with the situation as it evolved, to the point that it got to when the declaration was issued.

Public Safety committee  I wasn't on the ground and wasn't aware of any charges being issued at that point in time.

Public Safety committee  No, sir. That's not what I said. I said I wasn't aware of any charges being issued. Whether or not the activities were illegal, it was determined that it was not a peaceful protest and it had gone beyond what we would normally consider to be a lawful assembly.

Public Safety committee  I wouldn't be at liberty to disclose the legal advice that was provided to the government in the context of the unfolding situation. There were laws on the books. It was understood that the activities that were taking place went beyond what would be considered lawful assembly, but I wouldn't be able to go beyond that.

Public Safety committee  I think one of your colleagues alluded to it. It would happen by way of a court process. Again, the sense would be whether the laws available would be effective to address the situation that arose. That is the determination that was made.

Public Safety committee  Because we have to be charter-compliant, and that is one mechanism by which we ensure that compliance.

Public Safety committee  Among others, yes, that is correct.

Public Safety committee  I appreciate that, and you are correct. The Emergencies Act explicitly makes reference to compliance with the charter. While we benefit in Canada from very important charter protections, none of them are absolute and they are subject to reasonable limitations.

Public Safety committee  The measures that were put in place were targeted measures to address the situation that had been evolving and led to the declaration. While there are charter protections, reasonable limits can be put on those rights in order to effectively deal with a situation.

Public Safety committee  The matters are before the court. There's litigation that has been launched. The assessment was that what had been taking place was no longer a peaceful assembly. There were specific, very targeted criteria set out to identify what activities would be captured by the emergency measures regulations that were put in place, specifically, the serious disruption of the movement of persons or goods, or the serious interruption of trade.

Public Safety committee  Thank you very much, Mr. Dakalbab. My thanks to the hon. member for her question. Clearly, section 2 of the Canadian Security Intelligence Service Act contains definitions in this regard. But those criteria must be interpreted in the context of the Emergencies Act. In declaring a state of emergency, the Governor in Council must believe, on reasonable grounds, that such an emergency exists.

Public Safety committee  I would add to what my colleagues have already indicated, that the trigger under the Emergencies Act requires not that other laws be available, but that they be available to effectively deal with the situation. The determination that was made, as I understand it, was that the effectiveness of any statute that may have been on the books to potentially deal with it was not available at the time the declaration was issued.

Public Safety committee  Perhaps I can start. The legal threshold is that there isn't any other statute available to effectively deal with the situation. In terms of determinations that were made in order to assess the declaration, I will pass it over to my colleagues at Public Safety and Finance.