The Public Order Emergency Commission, studying Prime Minister Justin Trudeau’s implementation of the Emergencies Act, kicked off Thursday..Over the next six weeks, the public hearing will hear from various members of cabinet, officials from the city of Ottawa, police officers, and Freedom Convoy organizers. The aim of the public hearing is to determine whether the Liberal government was justified in implementing the Emergencies Act — for the first time in Canadian history — in response to the Freedom Convoy protests back in early 2022..In response to COVID-19 vaccine mandates for truck drivers at the Canada-US border, hundreds of vehicles occupied the streets of Ottawa for three weeks, while smaller border blockades were set up in Alberta and Ontario. The federal government then implemented the Emergencies act, giving it extraordinary powers to freeze the bank accounts of those connected to protests, ban travel to protest zones, and force tow truck drivers to remove vehicles..Over the next six weeks, the commission will introduce thousands of documents as it examines the timeline of events that led up to the Emergencies Act, the legal framework of the legislation, and the government's rationale for its implementation..Ontario Court of Appeal Justice Paul Rouleau, who will lead the inquiry, said they will be examining the evolution and goals of the convoy and their leadership, organization and participants; the impact of domestic and foreign funding for the protests; the roles misinformation and disinformation played in the protest; the economic impacts of the blockades; and the actions taken by police and other responders prior to and during the protest..Rouleau said that the commission's recommendations may end up being modest or wide-ranging. "They may be directed at a range of audiences, including government, public bodies and the private sector," he said..Rouleau explained the commission of inquiry will not make findings of legal liability to determine whether crimes were committed by individuals.."While inquiries seek to uncover the truth, they are not trials. Questions of civil and criminal liability are decided by courts and not commissions," he said..Rouleau, who is a longtime donor to the Liberal party, said he will take a "judicial attitude" to the proceedings, acting with "independence, impartiality, and fairness."."I will keep an open mind throughout and only reach a conclusion after all the evidence is in," he said..After Rouleau spoke, the lawyers for key players, which include the Liberal government, the provinces of Alberta and Saskatchewan, Ottawa Police and Ontario Provincial Police and Freedom Convoy organizers, gave their opening remarks. . Freedom Fighters .Robert MacKinnon, a lawyer for the federal government, said it was important for Canadians to understand the "unprecedented critical situation that the country was facing earlier this year."."The government witnesses will outline the deliberate step-by-step process in which careful consideration was given to all the available options, which led to the declaration of a public order emergency as a matter of last resort.".David Migicovsky, a lawyer for the Ottawa Police Service, said the Freedom Convoy protest was "unique in Canadian history," and as such the police had little time to prepare. Migicovsky said the largest convoy, by the time it reached Ottawa, was 40km long and was made up of thousands of vehicles.Migicovsky says the convoy leaders said the protest would leave by the end of the first weekend, but they did not. "The protests became dangerous and the situation became volatile. This was an unprecedented situation, and it required an unprecedented response," he said..Lawyer Paul Champ, counsel for the Ottawa Coalition of Residents and Businesses, said for Ottawa residents, the Freedom Convoy protests meant "three weeks of harassment, street blockages, ear-splitting air and train horns, and general lawlessness."."The freedom convoy protests that took place here were of a shape and form that were totally unprecedented and had a severe impact on those who live and work and do business in Ottawa," Champ said. "Many people in Ottawa felt like they were prisoners on their own. And they felt abandoned by the police and by all levels of government."."Public services were completely interrupted," Champ continued. "Ambulances had a hard time getting downtown. Buses were stopped, Para Transpo was stopped. Senior citizens, people with disabilities were significantly impacted.". Trucker .Brendan Miller, a lawyer for the Freedom Convoy, said there was no justification for implementing the Emergencies Act. He claimed the act can be invoked by the federal government when faced with sabotage, deceptive foreign influence, acts of serious violence against people and property, or threats to overthrow the government, all of which did not happen.."The government exceeded their jurisdiction both constitutionality and legislatively," he said..Mandy England, a lawyer representing the government of Alberta, also said the invocation of the Emergencies Act was not justified. She described how the existing law enforcement tools in place were "completely sufficient" to remove the protestors at the Coutts border blockade. .Mandy said the province of Alberta wants to hold the federal government accountable for its decision to invoke the Emergencies Act.."Alberta has many questions about how and when that decision was reached. A decision that was made despite the objections that Alberta and other provinces expressed during the phone call placed to the First Minister's on the morning of Feb. 14, 2022," she said..Mandy said since the federal government claimed a public order emergency existed throughout Canada, the Emergencies Act requires all provinces must be consulted before it could be used.."Yet Alberta's views were only asked for after the decision was apparently made, and they were basically ignored," she said. "The impact of these measures on the rights of Albertans is of great concern to the Government of Alberta.".Cara Zwiebel, the director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association, said the organization is concerned with emergency powers that "circumvent the parliamentary processes and allow the executive branch to rule by fiat." She added the legal threshold for the Liberal government to invoke the act was not met.. Police freedom convoy .No witnesses were called to testify on Thursday. Tomorrow, six witnesses from the city of Ottawa will speak to the commission, including city councillors Catherine McKenney and Mathieu Fleury, whose ridings were heavily impacted by the protests. Local resident Zexi Li, the lead plaintiff in a class action lawsuit that sought millions in damages over protest, will also testify..During a Wednesday press conference, the prime minister told reporters his government's decision to invoke the Emergencies Act was necessary to "get the situation back under control."."The convoy blockades of last winter massively disrupted the lives of Ottawa residents, of people relying on supply chains that come across the borders," he said. "It was something that Canadians experienced with real concern, which was why we moved forward with measures that are not to be taken lightly.".Trudeau said the Emergencies Act was implemented in a "time-limited, measured way," but there needs to proper accountability and oversight afterwards.."That's why there is a public inquiry. That's why from the very beginning, I offered to appear in front of the commission.".Trudeau is set to testify near the end of the commission in late November. The hearings can be viewed live online.
