Public Inquiry: Rouleau Says, “Federal Government Met the Threshold to Invoke Emergencies Act”

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CBC | Catherine Tunney | Feb 17, 2023

Image: Unsplash/Kirk Slow

Commissioner Paul Rouleau said today the federal government met the "very high" threshold needed to invoke the Emergencies Act last winter, citing "a failure in policing and federalism."

The law defines a national emergency as a situation that "cannot be effectively dealt with under any other law of Canada." Further, a public order emergency can only be invoked when there is "a threat to the security of Canada" as defined by the Canadian Security Intelligence Service Act.
Rouleau: "In my view, there was credible and compelling information supporting a reasonable belief that the definition of a threat to the security of Canada was met," Rouleau wrote in his executive summary, which runs to more than 200 pages. I have concluded that cabinet was reasonably concerned that the situation it was facing was worsening and at risk of becoming dangerous and unmanageable. The Ontario appeal court justice said he reached this conclusion with some reluctance.
- "I do not come to this conclusion easily, as I do not consider the factual basis for it to be overwhelming," he said in statements he gave after his report was made public. Reasonable and informed people could reach a different conclusion than the one I have arrived at."
- While Rouleau's report largely exonerates Trudeau regarding his decision to invoke the Emergencies Act, the government does not escape criticism.
- 56 recommendations were made

See: NCFA Response to FINTRAC’s ‘Knee Jerk’ Regulations Requiring Donation Crowdfunding Platforms to Register and Comply with AML/ATF Legislation

The Canadian Civil Liberties Association, which had standing during the commission hearings, said it will proceed with its judicial review of the government's decision to invoke the act, which is before the Federal Court.
- "It is significant that in his statement today, the factual basis underlying his conclusion was not overwhelming and that reasonable and informed people would come to a different conclusion than the one he did," said lawyer Cara Zwibel
- "Our view is that this threshold was not met."

Hundreds of pages across 5 volumes (PDF):

Vol 1-Report of the Public Inquiry into the 2022 Public Order Emergency

Vol 2-Report of the Public Inquiry into the 2022 Public Order Emergency

Vol 3-Report of the Public Inquiry into the 2022 Public Order Emergency

Vol 4-Report of the Public Inquiry into the 2022 Public Order Emergency

Vol 5-Report of the Public Inquiry into the 2022 Public Order Emergency

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