The 'tool of last resort': Public Safety Canada officials testify at the Trucker Commission
A pair of Public Safety Canada officials testified before the commission on day 22, where it was revealed that intel from Canada's spy agency suggested invoking the Emergencies Act would likely provoke protesters and wasn't necessary. William Diaz-Berthiaume explains in this report.
Day 22 of the Public Order Emergency Commission featured some extremely interesting testimony from a pair of Public Safety Canada officials, Rob Stewart and Dominic Rochon.
Before we get to their testimony, let's quickly refresh why this inquiry is taking place. This past February, Prime Minister Justin Trudeau invoked the Emergencies Act in response to peaceful protesters from the Freedom Convoy demonstrating in Ottawa against remaining COVID-19 restrictions in Canada. Following that decision, a commission must then investigate whether the decision to invoke the act was actually necessary.
You can see all of our coverage and support our work at TruckerCommission.com.
Rob Stewart was a name that has appeared often since the inquiry began, but on day 22 we finally had a chance to hear from the man himself. Stewart, as deputy public safety minister, was working very closely with Trudeau's Liberal cabinet, particularly Public Safety Minister Marco Mendicino, during the Freedom Convoy.
Addressing the infamous honking associated with the Freedom Convoy, Deputy Public Safety Minister Rob Stewart says, "there was quite a bit of honking on the highway but we did not assume that they would do anything other than peacefully protest."
— Rebel News Québec (@RebelNews_QC) November 14, 2022
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On Feb. 13, Stewart informed the head of the OPP's police liaison team, Marcel Beaudin, that the federal government would not be meeting with convoy protesters — despite Beaudin strongly suggesting they do so.
Beaudin was the person who developed a plan that suggested the Liberal cabinet meet with representatives from the convoy, presenting it to federal officials on Feb. 13, just one day before the Emergencies Act was invoked on Feb. 14.
WATCH: During review of comms between Rob Stewart, the federal deputy public safety minister, and multiple levels of police, Stewart states that "negotiation is the ongoing preferred option" to resolve the Freedom Convoy protest.
— Rebel News Québec (@RebelNews_QC) November 14, 2022
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"The lack of good intel" was "underneath the rational" for invoking the Emergencies Act, testifies Rob Stewart, the deputy minister of Public Safety Canada.
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During cross-examination by convoy lawyer Brendan Miller, it was revealed that the Public Safety Canada officials disregarded crucial intel provided by the Canadian Security Intelligence Service, CSIS, in order to invoke the Emergencies Act. CSIS' opinion was that invoking the act would radicalize protesters and felt it wasn't a crucial step in bringing about the end of the protest.
Stewart, meanwhile, was unable to point to a reasonable authority that believed the threshold of Section 2 of the CSIS Act was met.
WATCH: Freedom Convoy lawyer Brendan Miller roasts Rob Stewart, a Public Safety Canada official, on the fed's dismissal of CSIS intel recommending the gov't not invoke the Emergencies Act.
— Rebel News Québec (@RebelNews_QC) November 14, 2022
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This is important because, according to the Emergencies Act itself:
threats to the security of Canada has the meaning assigned by section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada)
Another lawyer from the Justice Centre for Constitutional Freedom also had a chance to cross-examine Stewart and Rochon, and that too was very revealing and relevant.
The Liberal Research Bureau is an interesting taxpayer-funded entity. We'll get into that more in another report, but here it shows that prior to the Emergencies Act being voted on, the Liberals allies in the New Democratic Party were already going to vote in favour of invoking the act.
Stewart, however, claimed he only learned about the NDP's support for the act's use “upon the vote.” Another noteworthy moment from Stewart's testimony was when he explained that the Emergencies Act is only a tool of last resort and that there were “many other tools.”
The Emergencies Act is "generally considered to be a tool of last resort," says Rob Stewart, the deputy public safety minister.
— Rebel News Québec (@RebelNews_QC) November 14, 2022
Stewart describes the act as one of many tools in governments' toolkits.
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After the commission wrapped up for the day, we invited another convoy lawyer, Keith Wilson, to be a guest on BREAKDOWN. Every weeknight at 6 p.m. ET (4 p.m. MT), we look back on the day's proceedings and are often joined by special guests like Wilson. You can see our conversation with the well-credentialed convoy lawyer below.
Stay tuned to TruckerCommission.com in the days ahead, as cabinet members like Mendicino, Transport Minister Omar Alghabra, Deputy PM/Finance Minister Chrystia Freeland and even Trudeau himself will provide their testimony to the commission.
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