New Paragraph

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.

By Chris Lewis February 4, 2025
Is there any meat to this or is it more of the same?
By Chris Lewis January 4, 2025
Police know how to conduct major investigations and find bad guys. Although several specific factors change from case to case, their general investigative playbook remains the same. Once some ungodly multi-victim attack occurs, in very simplistic terms: the scene is protected, and the health of the living victims is looked after. Forensic experts begin processing the crime scene. Witnesses are located and interviewed. Physical evidence is gathered. Area and witness video recordings are collected and analyzed. Victims are identified. An off-site reunification centre is established where there are multiple victims. Next of kin notifications begin. At any point – if a suspect or suspects become known, their background is gathered, and the hunt begins. They need to be apprehended before anyone else is hurt. Area law enforcement officers need to know suspect details ASAP. “Motive” is at top of mind as investigators are synthesizing all this information, whether the suspect is identified or not. Of course, establishing motive often leads to identifying the suspect, but at other times identifying the suspect helps fill in the blanks on motive. What was the initial basis of what became a murder? Was it a robbery? Could it have been a street fight gone bad? Was it simply a want or need to kill someone specific or maybe anyone at all? That’s for investigators to sort out. There is an onus to warn the public or at least tell them something, i.e. “ongoing threat”, “stay indoors”, or “no threat to public safety”. There are reporting protocols to follow. Senior officers need to be advised up the food chain as do their political masters, so everyone knows what is happening. None of that should detract investigators from doing what they do best – catching killers. But that’s when the ravenous “thirst for knowledge” and political grandstanding often take over and completely interfere with police work. The only knowledge the investigators are thirsty for in those early hours is evidence and then identifying, locating and capturing bad people. They do not need politics monopolizing their time or efforts. The New Years Day massacre in New Orleans was big. Fourteen innocent party goers were killed and dozens injured. The world wanted to know what happened and the community wanted to know if they were in danger. I absolutely get that. However, what sometimes comes with such tragedies is everyone wanting to know everything. We see it in most mass murder cases, but this was an exceptional example of the insanity surrounding such a high-profile incident. Whatever blanks weren’t immediately filled in by police officials and verified mainstream media reports, were filled in by social media. In such cases police totally lose control of the narrative as rumours, theories, falsities, conspiracy theories and “hey look at me” games take over. The political party and individual positioning in this case was nauseating. In any multi-agency response, having the leaders of those agencies at press conferences in a united front makes sense. The public needs to have confidence that the situation is in the best of hands. But where did these massive press conferences where police officials are flanked by numerous politicians come from? I can see some elected leaders being present when a new program is launched or government funding is being announced, but it should never be in the early hours of a mass murder. Having a bunch of partisan wonks peacocking on stage and in follow-up interviews, helps no one at the operational level. As some of them were speaking, I was responding to their dumb questions in my mind: Was it a terror attack? Maybe, but let the experts figure that out. In the meantime, it’s a mass murder. Was the killer an illegal immigrant? Let’s worry about that when the dust settles. What political party is to blame for allowing him into the country? We don’t care. Maybe he was born here. Let’s sort that out if he turns out to be an illegal immigrant. Why wasn’t the area more secure? Good question for a future debrief. We need to get the FBI and HSI leaders before a government committee right away so we can find out who failed! Shut up. We have police work to do. There are always enough social media theories, private citizens’ investigations into suspects, outright lies and misinformation being spread to the public, without silly partisan games sidetracking investigators who are fighting to stay ahead of legitimate theories and tips. In the early hours of a mass murder case investigators are probably the busiest they have ever been, and don’t need any of this interference. Controlling the social media fever is next to impossible. It would take a sudden level of maturity across the populace that may be unattainable. But politicians at all levels need to get the message that they are not welcome on stage at operational press conferences and their comments to the media – if asked for them – aside from expressing sadness, thoughts, prayers and confidence in the police, should be “Our law enforcement agencies are investigating, and we need to let them do what they do.” Adding any theories, raising questions or passing blame is totally wrong. If elected officials truly care about their electorate and feel the need to say more, they should have some prior dialogue with the police leaders or their Public Information Officers to ensure that what they say is helpful as opposed to harmful. Otherwise, be quiet.
By Chris Lewis December 28, 2024
Violent Crime Remains High
Share by: