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OpEd: Was Emergencies Act invoked without justification?
November 21, 2022
Police officers patrol on foot along Albert Street as a protest against COVID-19 restrictions that has been marked by gridlock and the sound of truck horns reaches its 14th day

Clearly the ongoing Emergencies Act hearing in Ottawa has shown a number of disconnects surrounding the planning for and policing of the February 2022 Freedom Convoy protest in Ottawa. Some small, many huge. Communication gaps between and within some police agencies and their leaders, among elected officials and bureaucratic representatives within the different levels of government, the various groups and individuals engaged in part or all of the three-week protest; and in terms of the various legislation and the definitions therein.

In the interests of brevity and because the confusing evidence in this hearing makes my head hurt, I’ll stick with the assertion by some and disagreement by others that the Freedom Convoy Protest activities constituted a “threat to national security” and therefore require the invoking of the federal legislation.

The Canadian Security and Intelligence Services (CSIS) Act defines a threat to national security quite seriously, using language that conjures up images of international espionage, sabotage and a violent overthrow of government. It’s the “big one” in my view and thankfully something that Canada hasn’t seen in 50 years. Without using these exact words, having to take “war measures” to combat a significant insurrection comes to mind. As a career police officer, that has always been my perception of the meaning of the term.


On the other hand, Public Safety Canada’s Critical Infrastructure website describes its mandate in dealing with “disruptions of critical infrastructure” that could result in “catastrophic loss of life or adverse economic effects, and significantly undermine the safety and wellbeing of Canadian communities.” It’s pretty serious stuff as well but more of an attack on things that could result in a public safety threat, as opposed to more of an attack on government and people.


In terms of the Ottawa protest, a hearing document that describes the forthcoming evidence of the Director of CSIS said that the protest did not meet the threat to national security as per the CSIS legislation and that there were no signs of foreign influence.


Supt. Pat Morris, the head of the OPP’s Provincial Intelligence Bureau, was of like mind when he provided very similar testimony past month.


Some other police witnesses have stated their belief that the events were in fact a threat to national security. OPP Commissioner Tom Carrique explained his belief that the protest compromised national security in terms of the threat to “…transportation, critical infrastructure, border crossings, economic security – all of those things.” Once again, all key considerations for police and government leaders, but were any or all of those issues present at the Ottawa protest? Border protests in Coutts, Alberta and Windsor, Ontario were both dealt with under existing legal authorities and prior to the Emergencies Act invocation.

The Emergencies Act itself states a national emergency is defined as an urgent and critical situation of a temporary nature that either “seriously endangers the lives, health or safety of Canadians” or “seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada.”

I haven’t heard any evidence so far that such a threshold was met in Ottawa. In fact, career CSIS and Canadian Security Establishment analyst and author Phil Gurski said in his November 2nd, 2022 Ottawa Citizen article, “And yet, from what we have seen and heard to-date, there has been nothing – absolutely nothing – that supports the decision to invoke the Emergencies Act.”


Jody Thomas, the Prime Minister’s National Security Advisor, who you would hope would know a thing or two about the required legislative thresholds, testified that the CSIS Act definition was too narrow in her view, and that the protest was a “national crisis”, a threat to the economy and interfered in the daily lives of the people of Ottawa.


Thomas also torpedoed RCMP Commissioner Lucki’s evidence that she had communicated that police still had options to end the protest and that there was finally a plan in place to do so. Lucki’s evidence is clearly inflammatory in terms of government’s claim that the Emergencies Act was required. Despite Commissioner Lucki appearing to be very protective of her government masters while testifying in this instance and during the Nova Scotia Mass Casualty Commission, she was effectively thrown under the bus by Thomas’ denial that the critical information had been passed on.


More communication gaps? Bad memories? Or government targeting their “fall-girl”?



A number of police witnesses testified that the protest could be dealt with within existing legal authorities – as has every local, provincial and national protest in Canada since the dawn of time. (Some others had all cross-country trade and commerce transportation routes completely blocked and others were quite violent.)

However, Minister Mendicino claimed that the police had actually requested the legislation. I don’t recall a single police witness testifying that Emergencies Act was required or was requested. Not even former Chief Peter Sloly who did publicly claim there was not a police solution to the protest at that time. Another disconnect?

Ontario Premier Doug Ford legally declared a state of emergency on February 11, 2022, which was of some help.

Most or all those testifying so far agree that the Emergencies Act “helped” too. I’m glad it did, but I suppose one could argue that completely blocking every highway, county road and cattle trail leading into the National Capital Region with barbed-wire and police dogs prior to would have helped as well. But that would not have been justified, legal, reasonable or responsible. That should be the test in my view.


Who is right and who is wrong in all of this remains to be seen, but the public deserves better than the litany of communication failures; convenient memory gaps; and varying interpretations of the threat and the solution by some senior officials, while others appear to have done their duty and honestly related what they saw, heard and believed. “Who did and who didn’t” in the big scheme of things, is still a best-guess in too many instances. It shouldn’t be a matter of finding fault in this hearing, but a matter of finding the truth and then taking those to task who strayed from the truth and have lost valuable pubic trust.


Let’s hope the cream eventually rises to the top in all of this mess so community members know who they can still trust going forward.

Chris Lewis served as Commissioner of the Ontario Provincial Police from 2010 until he retired in 2014. He can be seen regularly on CTV and CP24 giving his opinion as a public safety analyst.

Should the Police Chief be blamed for the misdeeds of subordinates?

By Chris Lewis • February 13, 2026
I say "No."

When Oversight Becomes Overreach: Why a Few Bad Officers Must Not Redefine Policing

By Chris Lewis • February 11, 2026
Policing depends on public trust. So does police oversight. When either loses credibility, both suffer and the public they are sworn to serve isn’t sure who to believe or where to turn. In recent years, calls for stronger police oversight have grown louder, often driven by a small number of high-profile misconduct cases. Confidence in institutions by the public – often fueled by ridiculous social media theories and damnations, is more fragile than in the past, and reputational damage spreads faster. Despite the fact that Canadian police officers operate under tight legislative and regulatory frameworks that exceed any other Canadian profession in my view, existing oversight bodies feel pressure to take action quickly when bad things happen, as isolated as they may be. But there is a risk in this moment that deserves equal attention: the risk of overreach. The seven officers who have been alleged to have committed crimes – including serious ones that involve organized crime, must not be allowed to redefine an entire profession. Public trust certainly adds urgency to this moment. When corruption cases like this surface, the public does not necessarily see them as isolated failures. They see a system that is broken and in my view in this instance they see that unfairly. Policing is unlike most professions. There are over 70,000 police officers in Canada, comprised of federal, provincial and municipal officers that work under the worst of circumstances at times and face the harshest of critics. As a result of the arrests of seven serving Toronto Police Service (TPS) officers as well as a retired officer, then the subsequent suspension of two additional TPS officers and two Peel Regional Police Service officers, a large portion of the Canadian public are focusing on the ‘bad’ and forgetting the wonderful and brave police work occurring in their communities 24/7. Officers exercise coercive authority on the public on behalf of the public, often in volatile environments. They have right to take away people’s liberty and in the worst of situations to take lives. That authority most definitely demands the greatest of accountability, but it also demands reasonable, sensible and balanced oversight. Oversight systems designed around ‘worst-case scenarios’ risk governing by exception rather than thoughtful considerations and reality. One of the most overlooked consequences of overly broad oversight is its impact on ethical officers. When serious misconduct is identified, entire services face scrutiny and as a result of the Inspector General of Policing’s announcement to inspect all 45 police services in Ontario, the impacts are far reaching and not isolated to the police service of the members in question. The risk is that the resulting collective stigma will not only damage public trust but will also hurt officer morale; officer initiative may decline; recruiting could be impacted; and the reputation of the entire profession across Ontario will be damaged because of the alleged actions of a few. Oversight that blurs critical lines risks judging officers by association rather than their individual conduct. Officer trust in the oversight system and public trust in the policing profession could both be further harmed. As a result, both the Toronto Police Association and the Police Association of Ontario have rightfully expressed their concern regarding the inspection of all of Ontario’s police services. Their distress is that the announcement may be read by many that police corruption is rife across the province. At this point we do not know how much of this alleged criminal activity occurred off duty, versus on. We don’t know all the details of what they may have done and how, let alone what processes, policies or systems within the TPS that may have to be examined by the Inspector General. He may well have identified them all, but perhaps not. As the investigation portion by police continues, more things for inspection may be identified. In the meantime, I have no doubt that Ontario’s police Chiefs are reviewing their processes based on what they know so far, to ensure their policies, systems and internal oversight mechanisms are as tight as they can reasonably be. The seven charged officers are suspended and before the courts. The justice system is entrusted with dealing with these allegations from here. Others not charged but under investigation are suspended as well. There was no rush to begin a review process as this unfolds. Announcing that it will occur when the criminal investigation is complete and when they are armed with a more fulsome understanding of the issues that should be examined, would have been more appropriate. None of this lessens the need for accountability. It argues for thoughtful processes, analysis and reporting. Misconduct should be addressed decisively and dealt with through due process as it is, but broad oversight driven by isolated wrongdoings risks weakening the institutions we all depend on. Public trust matters. Undoubtedly. But so does institutional trust in police officers. In my view, processes that signal broad-based suspicion undermine the trust they are meant to protect. Oversight works best when it is firm, fair, and controlled.

Police corruption arrests: How do we move on from here?

By Chris Lewis • February 7, 2026
Thursday’s announcement of the arrest of seven serving and one retired Toronto police officers for corruption, was a dark moment for policing in Canada and for the communities that trust their police to always do what is honest and right. At times like this it is too easy for us all to lose trust in those in which we should hold the highest level of trust in society, because of the actions of a few. I believe that we must remind ourselves about all that is good in policing in Canada – where training, standards, equipment, professionalism, governance and competence are second to none in the world. I view this as both bad news and good news stories. The bad news is that seven officers allegedly broke their oaths and committed heinous crimes. Startling, sad and completely unacceptable for the profession and more importantly for the public they were sworn to serve. The “good” news (although I struggle with the word) is that the system worked. Suspicions arose about a certain Toronto Police (TPS) officer’s potential involvement in a crime in York Region. Police there notified the Chief of the TPS, and they quickly agreed that York Regional Police (YRP) would lead the investigation, and TPS would remain in a support role by providing Professional Standards investigators and other assistance as required. I assume that would mean investigative support personnel and access to internal information about the TPS officers in question, like their schedules; what police cars they were driving; assignments and personnel file information, at minimum. By design, the TPS Chief did not have decision-making authority in the investigation. None of that raises any red flags for me. This was a large and complex investigation that eventually involved 400 officers and would require highly experienced investigators and specialty personnel. YRP and TPS have all of that and more. The leaders that addressed the media spoke competently and professionally, leaving no doubt that they would leave no stone unturned. Evidence was gathered and arrests of officers and others were made. The public was then appropriately advised of as many details as we have ever seen released in a media conference when charges were before the courts and an investigation ongoing. TPS Chief Demkiw announced he was seeking to suspend at least some of the officers without pay. That is something that has only recently became acceptable under Ontario’s policing regulations and must be used judiciously. Of course, social media “experts” and anti-police pundits took over from there. Please allow me to offer answers to some of the most consistent queries: Why wasn’t an independent oversight body like the Special Investigations Unit (SIU) brought on to investigate? Police shouldn’t investigate police! It’s not the legislated mandate of the SIU to conduct criminal investigations into police except in specific circumstances around police use of force or sexual assault. Nor is it the mandate of Ontario’s Inspectorate of Policing. These governing bodies do not possess the expertise or resources to conduct massive criminal investigations into officers and organized crime groups. Only large police services have the critical mass and knowledge to manage such difficult operations. An option for Chief Demkiw was to let his Professional Standards personnel be the liaison for TPS information and potential Police Act charges against TPS personnel that might emerge but leave the investigative support/assistance piece to another large outside service. That would’ve helped suppress any concern around TPS investigating their own. But police services often conduct criminal investigations into their own people with regularity in Ontario, unless they involve senior officers. There’s no hard and fast rule or Ministry guidelines on the issue to my knowledge. The Toronto Chief should step down. This happened under his watch. I cannot speak to his day-to-day job performance, but in my view, Chief Demkiw did not handle this case wrongly. The alleged illegal actions of 0.12% of his police personnel do not justify his removal. If he knew and didn’t take action that would be different but there is no suggestion of him doing anything but throwing his full support behind the YRP investigation. Again, perhaps he should’ve kept TPS out of it as much as possible, but that was a judgement call made in the early stages of an investigation that grew very large over time. All cops are corrupt. Why didn’t other officers stop them? What? This was seven officers in a police service of almost 6000 TPS officers and out of over 70,000 police officers in Canada. It is awful, without a doubt and concerning to say the least, but this does not mean there is a wave of police corruption and ties to organized crime across the nation. As this criminality unfolded and as we speak, thousands of officers are on the streets of Canada, saving lives and risking their own; patrolling communities; preventing crime and victimization; responding to life and death situations; arresting evil criminals and more. They do that professionally, bravely and honestly, or they are held to account under various laws and disciplinary processes. They are governed and regulated more than any other profession in Canada. Yes, some cops (even one is too many) out of those 70,000, commit crimes in their careers, which is unacceptable. Some of that occurs while they are on duty, some not. It is disappointing when it happens, but with rare exception police leaders will not accept it and will deal with it expeditiously through due process. In cases where a police supervisor or executive doesn’t take proper action, they will be held to account as well. As a rule, no one hates dirty cops more than honest cops. They hurt the profession as a whole across the continent. Canadian officers take a reputational hit regardless of where the wrongdoing occurs in North America. We don’t know the details yet of what these accused officers were doing or how much of it they were doing on the job, versus off duty. IF evidence comes to light in the ongoing investigation that colleague officers knew or participated in any way in the criminality, they will be in trouble as well. Let’s not jump to conclusions that other officers “must have known” and let the investigation run its course. Why do officers not have more oversight on the use of police databases? Police officers and a number of civilian colleagues have access to the Ministry of Transportation (MTO) database that holds all licenced driver and vehicle registration information in Ontario. Most police cars have computers in them that can access that information, which includes driver’s and owners’ addresses. It is accessed non-stop, 24/7, as a regular part of core police business. Other databases involving outstanding warrants and criminal history, as well as occurrence records are similarly accessed. Government employees that work at MTO or in some other Ministries have like access to people’s names and addresses. That is reality in all 10 provinces. We cannot limit legitimate government employee access to vital systems on the off chance they may be inappropriately used. That includes those that we entrust to carry guns and make life and death decisions. When such databases are misused in some way, proper action must be taken promptly, as it was in this case, as opposed to hamstringing the operability of several hundred thousand honest employees across Canada. Canadian police officers are internationally highly-regarded, but they are human, have frailties and will honestly err on occasion while truly trying to do their best. That can be dealt with and repaired when it occurs. But when officers commit acts of malice, they will be appropriately held accountable and dealt with through due process. That is the bedrock of Canadian policing. Public trust in police is paramount to effective policing, and largely we enjoy that in our country. We cannot let this dark day define what policing actually is in Toronto or anywhere in Canada. Canadians should move forward with confidence that the system did work in this case. Those that violated our trust are before the courts. The vast, vast majority of officers that are still out there bravely doing what they do so well, will never let us down. Please give them a chance.