Photo: Adrian Wyld The Canadian Press Judge Rouleau gave the federal government one year to respond to the commission of inquiry. This was to provide “a detailed timetable for implementing the recommendations that it accepts”.
Laura Osman – The Canadian Press in Ottawa
February 18, 2024
- Canada
The federal government has not yet responded to the recommendations made by Judge Paul Rouleau who headed the commission of inquiry into the use of the Emergency Measures Act in 2022.
A year ago, the commission presented its final report on the government's decision to declare a state of emergency during the occupation of part of the national capital and the blockade of certain border crossings .
The commission found that the government was justified in invoking the Act, but made 56 recommendations, including certain legislative changes.
Judge Rouleau gave the federal government one year to respond to the commission of inquiry. This was to provide “a detailed timetable for implementing the recommendations that it accepts and a detailed explanation of its refusal to implement [those] that it rejects”.
However, the judge did not impose any sanction against the government if the latter failed to respond to him.
The office of the Minister of Public Safety says it will provide more information “soon” on the government response. However, he gave no explanation for his delay in submitting a response to Judge Rouleau.
One of the reasons may lie in a decision by the Federal Court which contradicts the conclusions of the commission of inquiry. The court ruled that the use of the Emergency Measures Act was “unreasonable” and that it contravened the Canadian Charter of Rights and Freedoms.
In February 2022, the government invoked this law, which authorizes temporary measures, in particular, the regulation and prohibition of public gatherings, the designation of secure places, the order to banks to freeze assets and the ban on supporting the demonstrators.
This was the first use of this law since it replaced the War Measures Act in 1988.
At the time, the federal government brought up the law in order to deal with demonstrators who had been occupying the streets of downtown Ottawa for several weeks to protest health measures aimed at combating COVID-19.< /p>
In addition to the commission of inquiry chaired by Judge Rouleau, a joint parliamentary committee was also formed in March 2022 to examine the merits of the crisis situation declaration. The deputies and senators have met more than twenty times, but have not yet presented a substantial report. Its work was slowed down by the large number of documents that had to be translated into both official languages before being examined.
The translation is expected to cost millions of dollars. Elected officials have already expressed frustration about the delay caused by this work.
The Federal Court's decision complicated the process. Conservative MP Glen Motz, who sits on the joint committee, took the opportunity to request a reappearance of several ministers.
He also demanded information on the legal opinion on which the government had based its decision.
“Was it legal ? Did it follow the rules of law ? Was it consistent with the Charter ? These are the questions the committee must examine,” said said Mr. Motz.