Delayed government response to Emergencies Act inquiry recommendations coming next week, public safety minister says

Police walk through parked trucks to make an arrest on Wellington Street, on the 21st day of a protest, in Ottawa, on Thursday, Feb. 17, 2022.The federal government will reveal next week which recommendations from the Emergencies Act inquiry it will accept, including weighing in for the first time on contentious issues like whether to amend the powerful legislation and its threshold for invocation.

“But for that court decision, we would have done it last week or this week,” Mr. LeBlanc told the committee. He said the government wanted to ensure that its response to the recommendations factored in both the Federal Court ruling and the government’s appeal, which was Last month Federal Court Justice Richard Mosely ruled that the government couldn’t do that. He found that the government failed to prove that there was an emergency, as defined by the Emergencies Act, which he said had to use the CSIS Act’s definition.

His sweeping recommendations included suggested changes to all three levels of policing, to federal intelligence collection, and to the Emergencies Act. In particular, he recommended that the government remove the Emergencies Act’s link to the CSIS Act and “modernize” the definition of a public order emergency — thereby changing the conditions under which the act can be invoked.

Asked if amendments could be made in the current Parliament, Mr. LeBlanc told The Globe and Mail he recognized it would be a “complicated undertaking.”The Conservatives have staunchly opposed the act’s invocation. On Tuesday Conservative MPs on the committee tried to pressure the government to release the legal opinion that explained why cabinet could use a different definition of threat to the security of Canada than the one outlined in the CSIS Act.

Source: Law Daily Report (lawdailyreport.net)

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