1. Opening Remarks

Special Joint Committee on the Declaration of Emergency

Opening Remarks for the Minister of Justice Canada

February 2024

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Good evening everyone, and thank you for having me to discuss the Declaration of the Public Order Emergency two years ago. It’s good to see you all again. I am pleased to be back before this committee but in a different seat than I previously had.

Since our Government declared a public order emergency in February 2022 there has been significant time for review and reflection on that exceptional decision.

The Public Order Emergency Commission, led by Commissioner Rouleau, was convened as one of the many accountability mechanisms inherent in the Emergencies Act. It found that the declaration of a public order emergency met the legal threshold in the Emergencies Act, that it was appropriate, and that its measures were effective.

Obviously this committee was also a mechanism which ended up reviewing the decision and I was a part of that work, and I look forward to you wrapping the work and seeing the final recommendations.

I would like to remind the Committee that the decision to invoke the Emergencies Act was not taken lightly, and required consultation with leaders across the country, including all provinces and territories. The measures we took were temporary and closely tailored to the emergency situation, given the information available at the time. All these temporary measures came to an end when the declaration of emergency was revoked on February 23, 2022.

Invoking the Emergencies Act was a reasonable response to the extraordinary context of February 2022. I think time is fading some of our memories of what the situation was two years ago, including the dynamic and continuously unfolding situation in several parts of the country. As we stated in the explanation of the reasons for the declaration of emergency: there was a risk of serious violence that was a crucial consideration supporting the decision to declare a public order emergency.

The sole purpose of the temporary measures that were made was to bring about a swift, orderly, and peaceful end to the circumstances that necessitated the declaration of a public order emergency. As required by the Emergencies Act, the measures were consistent with the Canadian Charter of Rights and Freedoms, and former Minister Lametti provided this committee with a Charter statement outlining the Charter considerations engaged.

We recognize that the declaration of a public order emergency temporarily allowed the granting of extraordinary powers. However, the legislation balances this with a range of accountability mechanisms.

We recognize that invoking the Emergencies Act temporarily conferred extraordinary powers, but the bill balances this with a range of accountability mechanisms.

One of the most important mechanisms is that, when the Act is used, the government is required to hold an inquiry once the emergency ends. Commissions of inquiry are independent bodies tasked with investigating a matter of public importance. They fulfil two important functions: they make findings of fact and make recommendations for the future.

When unexpected, disruptive or otherwise significant events occur that affect the lives of Canadians, the public has a right to know what happened, why it happened and to learn from these experiences.

As you are well aware, our government was found to have acted reasonably and consistent with the law by Commissioner Rouleau in his Report of the Public Inquiry into the 2022 Public Order Emergency released in February 2023.

While I cannot comment on ongoing litigation, I can say that our continued position is that the Government’s actions were reasonable and justified based on what we knew at the time of the invocation.

The occupations and blockades posed an exceptional and unprecedented threat to our economy and across our country.

I’m proud that we were able to use the legal tools at our disposal to find a peaceful resolution to a national emergency that threatened the very democratic values that contribute to the freedom of all Canadians.

Thank you.