On The Public Order Emergency Commission

Public testimony of the commission initiated in the wake of the February 2022 invocation of the Emergencies Act (EA) has concluded this week.

Frankly, there were few surprises in the course of testimony. Members of the Convoy swore up and down that they were just peaceful protestors, policing agencies demonstrated that they were woefully unprepared and ill-equipped to deal with the situation, the conservative-led provincial governments failed entirely to actively engage until forced, and eventually the Federal Government decided that the overall impact required direct action. 

Perhaps the most interesting little piece of testimony came from the head of CSIS who stated that both that he had advised the government to use the EA, and that the situation did not fulfil the requirements of an emergency under the CSIS Act. I thought that was a particularly interesting, and important, piece of information. It reveals that the legislation we have today is a few years out of date in terms of identifying the potential threats.  

However, while the EA and CSIS legislation share the same wording, we can’t say that the threshold is “the same” in part because the “who” of decision making is quite different. The leadership of CSIS is part of the bureaucracy, and makes decisions based on the legislation that guides it, but there are additional safeguards through the political offices that oversee CSIS.  The Emergencies Act empowers the Governor in Council (Cabinet) to make the decisions, with the subtle little clause in it of “on reasonable grounds”.  

You can quibble over whether or not CSIS thought it met their definition of “Public Order Emergency” or not, but we have to recognize that the decision making of the bureaucracy is not the same as that of the elected politicians, and the authority vested in politicians is much different than that of the bureaucrats.

I also think that the testimony at the commission focused solely on the immediate events of the occupation of Ottawa and the various border blockades to the detriment of understanding root causes. This is reasonable given the mandate of the commission as set out in the EA. 

I think there’s a second level of investigation needed regarding these demonstrations. In particular the unwillingness of Premier Ford to testify is profoundly telling. Just as we have Candice Bergen’s desire to make the convoy “Trudeau’s Problem”,  Ford’s unwillingness to testify, combined with his inaction on the Ambassador Bridge blockade indicates to me that there was more going on at the political level that warrants investigation. I suspect that this will be that much clearer when some of the criminal proceedings start to unfold in court. Nobody wants to be hung with the full responsibility when they are facing prison time. 

I fully expect that when we get to the level of following email trails, text messages, and so on, the picture is going to start unfolding that the Convoy protest itself was nurtured and fed from within conservative political organizing circles. If it was “just” about vaccine mandates or masks, I would not have expected the focused anger directed at Trudeau. 

Yet, the protests themselves were covered with anti-Trudeau slogans. Hating Trudeau is an old sacred cow in conservative circles dating back to the 1980s. In today’s conservative circles, you aren’t even seen as conservative unless you become irrationally a angry about Trudeau.  

The protests likely as not are a case of using propaganda to “whip up a mob”, and the real goal was to undermine the elected government to such a degree that it would make it easy for the opposition to vote against a minority government in the wake of what was obviously going to be Poilievre’s coronation after O’Toole’s ouster. Yes, I know full well that O’Toole was still leader at the time, but it would be naive to think that the knives weren’t already out for him after the election.