Emergency law study studies fundamental rights and freedoms at stake in protests

An investigation into the Liberal government’s historic choice to invoke emergency legislation to quell weeks of demonstrations against COVID-19 mandates last winter is now moving to the public policy stage.

The Public Order Emergency Committee plans to hear from about 50 experts this week who share their views on the use of the Emergency Act, including whether it needs updating.

This morning’s session will focus on the fundamental rights and freedoms at stake in popular protests and their limits, while the afternoon session will examine financial governance, policing, and intelligence.

Other topics discussed this week include cryptocurrencies, international supply chains and criminal law, with the debate largely driven by policy documents commissioned for research earlier this year.

Prime Minister Justin Trudeau invoked emergency legislation on February 14 after thousands of protesters linked to the “Freedom Convoy” blocked downtown Ottawa and a major border crossing.

Conducting a public inquiry is a requirement under the Emergency Act, and Judge Paul Rouleaux, the commissioner of the inquiry, must submit a report to Congress by February 20, 2023.

“I look forward to hearing the thoughts and views of the experts, the discussion and analysis of these important policy issues,” Rouleau said in a statement last Thursday.

“This will help the Commission consider what recommendations it will make regarding the use and potential for modernization of the Emergency Act and areas where it believes further investigation or research should be conducted.”

The policy phase follows six weeks of hearings at the Library and Archives Canada building in downtown Ottawa, culminating in Trudeau’s hours of testimony on Friday.

This report by the Canadian Press was first published on November 28, 2022.