The inquiry into the Liberal government’s historic choice to invoke the Emergencies Act to quell weeks-long demonstrations against COVID-19 mandates last winter is now moving into its public policy phase.
The Public Order Emergency Commission is expected to hear this week from about 50 experts who will share their perspectives on the use of the Emergencies Act, including whether it needs updating.
A session this morning will focus on fundamental rights and freedoms at stake in public protests, as well as their limits, while an afternoon session will explore financial governance, policing and intelligence.
Other topics to be discussed this week include cryptocurrency, international supply chains and criminal law, with discussions largely driven by policy papers the inquiry commissioned earlier this year.
Prime Minister Justin Trudeau invoked the Emergencies Act on Feb. 14 after thousands of protesters associated with the “Freedom Convoy” blockaded downtown Ottawa and key border crossings.
Calling a public inquiry is a requirement under the emergency legislation and Justice Paul Rouleau, the commissioner of the inquiry, must submit his report to Parliament by Feb. 20, 2023.
“I look forward to hearing the thoughts and views of the experts and the discussion and analysis of these key policy issues,” Rouleau said in a statement last Thursday.
“This will assist the commission in considering what recommendations to make on the use of and potential modernization of the Emergencies Act and on any areas where we consider further study or research should be undertaken.”
The policy phase follows six weeks of public hearings at the Library and Archives Canada building in downtown Ottawa, culminating in Trudeau’s hours-long testimony on Friday.
This report by The Canadian Press was first published Nov. 28, 2022.
Convoy organizer says plans to stage a 2023 protest in Winnipeg are off
Freedom Convoy 2.0 appears to be a bust.
Canada Unity, one of the anti-government protest groups behind the protests that headlined much of last year, is calling off its plans to restage the event this February.
Canada Unity founder James Bauder initially planned to bring a four-day blockade to Ottawa but then said it would be moved to Winnipeg.
Bauder now says in a Facebook post it’s not going to happen at all, citing security breaches and personal character attacks on him.
As the 2022 protest in Ottawa was forced to end last February Bauder was among dozens of people arrested and charged with mischief and various counts of disobeying police and court orders.
The first iteration of the Freedom Convoy blockaded downtown Ottawa for three weeks and shut down at least four border crossings, resulting in the federal government’s decision to invoke the Emergencies Act for the first time.
This report by The Canadian Press was first published Jan. 2, 2023.
Ottawa police cut email access over fears info would leak during ‘Freedom Convoy’
By David Fraser in Ottawa
Ottawa police were so concerned about leaks from “Freedom Convoy” sympathizers in their ranks that they proactively shut off the email accounts of members on leave, but now the force has little to say about how real those fears turned out to be.
The Public Order Emergency Commission investigating the federal Liberal government’s use of the Emergencies Act learned there were several times when senior officers were concerned protesters who gridlocked downtown Ottawa for several weeks last winter were getting leaks.
A Feb. 28 email from Ottawa police Insp. Michel Marin to colleagues said that police members were observed participating in the protests downtown, and members who were away from work “sympathetic to the anti-mandate cause” still had access to their professional emails.
The email, submitted to the inquiry, said that “due to the state of emergency and believing this may have compromised (Ottawa Police Service) operations leading to the expulsion of the protesters,” email and internal notification system access was restricted for members on leave.
Marin wrote the email after demonstrators had been cleared from the streets. He was seeking guidance on whether it was time to revisit the decision to remove email access, but it remains unclear whether it was restored.
Acting Ottawa police Supt. Robert Drummond told the inquiry there was concern current and former law enforcement officers were involved in the protest and that “as a precaution,” access to corporate accounts was cut off for one member of the police force.
“There (were) concerns about information flowing out of the organization,” he testified Oct. 26.
Deputy Ottawa police chief Steve Bell, who was acting police chief at the time, testified that concerns over potential leaks were “regularly” investigated, but nothing was found.
“As a result of those investigations, we didn’t find any circumstances where there was a compromise of information or actions because information was shared from inside our organization (with) the protesters.”
The Ottawa police, even now, have not said how many investigations were completed, or remain ongoing, into allegations of potential leaks.
In a statement, the Ottawa police referred only to “several internal investigations and discipline related to officers’ conduct” that have already taken place, noting they were “related to donations made in support of the convoy.”
Only one decision had been made public. A police officer pleaded guilty last month to discreditable conduct for having donated to the “Freedom Convoy” after then-chief Peter Sloly had deemed the protest an illegal occupation. She was docked 40 hours of pay.
No other disciplinary hearings for officers related to the protests appear to be scheduled.
The head of the Ontario Provincial Police’s provincial operations intelligence bureau, Supt. Pat Morris, also warned senior officers in a Feb. 10 email chain about operational leaks, although it was unclear which police force.
In one email submitted to the inquiry, he linked to a Facebook comment from an unidentified person saying a “source from a city worker and front-line worker” had warned about something planned for the next day.
Morris described it in the email as “evidence,” or at least intelligence, of an “operational leak” and “every example that I have been provided has been accurate.”
The OPP did not respond to requests about what it is doing, or has done, to investigate leaks.
The inquiry learned that Sloly, who resigned as Ottawa’s police chief on Feb. 15, the day after Prime Minister Justin Trudeau invoked the Emergencies Act, was aware of Morris’s concerns.
On Feb. 14, Sloly’s morning briefing notes show Morris indicated to him “we might have significant issues with police members being involved in the demos.”
The former chief told the inquiry every complaint was assigned for review by the professional standards unit, and any that suggested misconduct were assigned for proper investigation. He said he suspended one officer during the protests, but he did not know the status of that case.
Protest organizers who appeared before the inquiry also spoke of police co-operation.
Danny Bulford, a “Freedom Convoy” spokesman and security liaison, said he did not have any active duty officers leaking him any sensitive information, but that he did get help from police.
“There was officers that were on leave for various reasons, whether it be the mandates or their own personal reasons — I didn’t ask; it wasn’t my business — that were also helping with some of the security tasks that I was co-ordinating,” he testified.
Jeremy MacKenzie, founder of the far-right online “Diagolon” group, told the commission he was leaked information from law enforcement on several occasions during the protests.
MacKenzie told the commission that a self-described RCMP officer who was a fan of his podcast and online streaming activities warned of riot police being activated. Some of those details were also included in the OPP’s Feb. 8 intelligence report, submitted to the inquiry.
MacKenzie said the person he believed to be a Mountie also leaked photos of a group text message featuring RCMP members joking about protest enforcement efforts.
RCMP Commissioner Brenda Lucki was not asked about police leaks during her Nov. 15 appearance at the inquiry, and she told reporters there were no code of conduct findings or charges laid.
A Feb. 10 RCMP intelligence document shared with the commission also warned the potential for “serious insider threats” existed.
“Those who have not lost their jobs but are sympathetic to the movement and their former colleagues may be in a position to share law enforcement or military information to the convoy protests,” the report says.
The RCMP did not answer specific questions about instances of leaks during the convoy or ongoing investigations, saying in a statement its officials “stand by their testimony and have no additional comment.”
“Generally, only in the event that an investigation results in the laying of criminal charges, would the RCMP confirm its investigation, the nature of any charges laid and the identity of the individual(s) involved,” the RCMP statement said.
This report by The Canadian Press was first published Dec. 12, 2022.
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