The investigation into the federal government’s unprecedented use of the Emergency Measures Act during last winter’s “Freedom Convoy” protests will begin public hearings on Thursday. Here are five things to know about it:
1. A longtime judge leads the commission
Prime Minister Justin Trudeau has appointed Ontario Court of Appeal Judge Paul Rouleau as Inquiry Commissioner. Rouleau and his staff will guide witnesses through the testimony and present their findings in a report. The commission is a separate process from the all-party special parliamentary committee that also reviews the government’s decision.
2. The inquiry will examine why the government used the law
The purpose of the commission is to examine the circumstances which led to the declaration of the state of emergency and the measures taken to deal with them. This will include examining the evolution of convoy protests, the impact of funding and misinformation, the economic impact of blockades, as well as the efforts of police and other agencies before and after the declaration.
3. Organisers, police with standing
Over the summer, individuals and groups could apply to participate in the survey, and Rouleau determined the final list. The federal government, the governments of Alberta and Saskatchewan and the cities of Ottawa and Windsor, Ontario, have standing, as do the Ottawa Police Service, the National Police Federation and a group of 10 convoy organizers, including Tamara Lich, Tom Marazzo and Chris Coiffeur.
Standing means that these groups and their lawyers will be informed in advance of the information presented in evidence, as well as certain privileges, such as the possibility of suggesting or cross-examining witnesses.
4. Hearings will take six weeks and will likely cost millions
The commission’s public hearings are scheduled to last six weeks, ending Nov. 25. It’s unclear how much it will cost, but it’s expected to be in the millions. For example, the joint federal-provincial public inquiry into the April 2020 shooting in Nova Scotia has cost more than $25.6 million so far, and it has yet to produce a final report. However, this investigation held hearings that lasted more than six months.
5. The final report is due more than one year after the invocation of the law
The Liberal government’s choice to declare an emergency under the law for the first time in history on February 14 gave police extraordinary temporary powers to evacuate people from downtown Ottawa and ordered banks to freeze the accounts of some of the people involved. The Emergency Measures Act requires the government to open an investigation within 60 days of the revocation of the emergency declaration, which took place on February 23. The commission must provide a final report to Parliament by February 20, 2023.
This report by The Canadian Press was first published on October 10, 2022