Trudeau makes history, invokes Emergencies Act to address trucker protests

For the first time in Canadian history, the federal government is enacting the Emergencies Act, declaring a public order emergency, to bring the ongoing trucker convoy protests and blockades to an end.

In effecting the extraordinary powers, the federal government is moving forward with a wide-sweeping range of new measures to support the provinces, municipalities, and police forces currently facing continued demonstrations, but are also cracking down on some of the more systemic gaps exposed by the Freedom Convoy protests.

“Right now the situation requires additional tools not held by any other federal, provincial, or territorial law. Today, in these circumstances, it is now clear that responsible leadership requires us to do this,” the prime minister said on Monday, calling it a “last resort.”

Through these new powers the government is:

  •  Enabling the RCMP to have the jurisdiction to enforce municipal bylaws and provincial offenses;
  •  Prohibiting taking part in a public assembly where it’s considered a breach of peace and goes beyond lawful protest;
  •  Regulating the use of certain property, including goods used in blockades;
  •  Designating secure and protected places and infrastructure that are critical to the economy such as border crossings and airports;
  •  Compelling those capable to render essential services, so in this case ordering tow truck drivers to move vehicles blocking roads;
  •  Authorizing financial institutions to essentially stop the financing efforts, including immediately freezing or suspending affiliated accounts without a court order; and
  •  Imposing fines of up to $5,000 or imprisonment of up to five years on those who breach any of the above orders.

“I want to be very clear, the scope of these measures will be time-limited, geographically-targeted, as well as reasonable and proportionate to the threats they are meant to address,” Trudeau said, making it clear that for those still participating “the time to go home is now.”

The prime minister made the major announcement on Monday alongside Deputy Prime Minister and Finance Minister Chrystia Freeland, Justice Minister and Attorney General David Lametti, Public Safety Minister Marco Mendicino, and Emergency Preparedness Minister Bill Blair.

Speaking to the suite of unprecedented financial measures the government is taking, Freeland said the government is “following the money,” a reference to the controversial and largely halted fundraising efforts of convoy organizers that’s helped fuel their fight.

“We are today serving notice if your truck is being used in these illegal blockades, your corporate accounts will be frozen. The insurance on your vehicle will be suspended. Send your semi trailers home, the Canadian economy needs them to be doing legitimate work,” Freeland said.

“We cannot and will not allow illegal and dangerous activities to continue,” said the prime minister.

Moving ahead with the Emergencies Act comes after Trudeau consulted premiers and the Liberal caucus on Monday morning and spent part of his weekend in high-level federal meetings about enacting the never-before-used federal authorities.

The government will not be calling in the military—a move that has rarely been taken in the history of civilian demonstrations in this country—and if pursued down the line would happen separately through the National Defence Act.

“We are not preventing people from exercising their right to protest legally. We are reinforcing the principles, values and institutions that keep all Canadians free,” Trudeau said.

Through these new powers the government is:

  •  Enabling the RCMP to have the jurisdiction to enforce municipal bylaws and provincial offenses;
  •  Prohibiting taking part in a public assembly where it’s considered a breach of peace and goes beyond lawful protest;
  •  Regulating the use of certain property, including goods used in blockades;
  •  Designating secure and protected places and infrastructure that are critical to the economy such as border crossings and airports;
  •  Compelling those capable to render essential services, so in this case ordering tow truck drivers to move vehicles blocking roads;
  •  Authorizing financial institutions to essentially stop the financing efforts, including immediately freezing or suspending affiliated accounts without a court order; and
  •  Imposing fines of up to $5,000 or imprisonment of up to five years on those who breach any of the above orders.

“I want to be very clear, the scope of these measures will be time-limited, geographically-targeted, as well as reasonable and proportionate to the threats they are meant to address,” Trudeau said, making it clear that for those still participating “the time to go home is now.”

The prime minister made the major announcement on Monday alongside Deputy Prime Minister and Finance Minister Chrystia Freeland, Justice Minister and Attorney General David Lametti, Public Safety Minister Marco Mendicino, and Emergency Preparedness Minister Bill Blair.

Speaking to the suite of unprecedented financial measures the government is taking, Freeland said the government is “following the money,” a reference to the controversial and largely halted fundraising efforts of convoy organizers that’s helped fuel their fight.

“We are today serving notice if your truck is being used in these illegal blockades, your corporate accounts will be frozen. The insurance on your vehicle will be suspended. Send your semi trailers home, the Canadian economy needs them to be doing legitimate work,” Freeland said.

“We cannot and will not allow illegal and dangerous activities to continue,” said the prime minister.

Moving ahead with the Emergencies Act comes after Trudeau consulted premiers and the Liberal caucus on Monday morning and spent part of his weekend in high-level federal meetings about enacting the never-before-used federal authorities.

The government will not be calling in the military—a move that has rarely been taken in the history of civilian demonstrations in this country—and if pursued down the line would happen separately through the National Defence Act.

“We are not preventing people from exercising their right to protest legally. We are reinforcing the principles, values and institutions that keep all Canadians free,” Trudeau said.

Formerly known as the War Measures Act, the current iteration of the Emergencies Act passed in 1988 and has never been used, until now.

The last time these federal emergency powers were invoked under the then-War Measures Act was during the 1970 FLQ October Crisis, when Trudeau’s father was the prime minister and was facing down domestic terrorists.

Federal officials will have to outline in a declaration why it feels the powers are needed given the circumstances on the ground.

This, and a motion for confirmation of the declaration of emergency, has to be presented within seven days to both the House and Senate. A cross-party and closed-door Parliamentary Review Committee will also be struck.

“Having now declared a public order emergency, we will table the declaration in Parliament as required,” Lametti said Monday, telling reporters the government is confident the clear conditions that needed to be met in order to declare a public order emergency have been met.

Once a declaration of a public order emergency is issued, it is considered in effect, and unless the declaration is revoked by Parliament or extended, it will expire after 30 days.

Lametti said it is the government’s hope that they can revoke the emergency order “much sooner.”

MPs are set to adjourn for a week on Friday and the Senate is not currently sitting until Feb. 22 so it’s possible one or both Chambers will have to be recalled to consider the declaration. The timeline for parliamentarians being engaged was still being worked out as of Monday evening.

Within 60 days of the declaration of emergency being expired or revoked, the government will have to convene an inquiry to study the use of the powers. The report stemming from this work will have to then be presented to Parliament within 360 days.

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