TRAN Appearance: Main Estimates 2023-2024 and Supplementary Estimates (C) 2022-2023

22. Public Order Commission Report

Location: National

Issue/Source: Release of the Report of the Public Inquiry into the 2022 Public Order Emergency

Date: March 6, 2023

Suggested Responses

  • Transport Canada welcomes the Report of the Public Order Emergency Commission and will be taking time to review the recommendations in detail.
  • The Emergencies Act is an instrument of last resort. The Commission determined the very high threshold to invoke the Emergencies Act was met and that the Government’s decision to invoke was appropriate.
  • There are important systemic lessons to learn from this experience. The Government of Canada is committed to finding ways to have better, more effective collaboration with provinces and territories and Indigenous Peoples.
  • The Government of Canada will continue to take steps to enhance the resiliency and emergency management systems at border crossings to further ensure the safety and security of Canadians and to enhance the protection of critical infrastructure that is important to trade and economic security.

If Pressed

  • The Emergencies Act is firmly anchored in the principles of rule of law, constitutionalism, and public accountability.
  • The Government of Canada’s highest priority remains to keep people and communities safe, and to protect jobs, trade, and Canada’s economy.

Background Information

  • In accordance with the safeguards built into the Emergencies Act to ensure accountability in an emergency, a Commission was established on April 25, 2022 to examine and assess the basis for the Government’s decision to declare a public order emergency (which lasted from February 1423, 2022), the circumstances that led to the declaration, and the appropriateness and effectiveness of the measures selected by the Government of Canada to deal with the situation at the time.
  • On February 17, 2023, the Commission released its Final Report which determined the very high threshold to invoke the Emergencies Act was met and the Government’s decision to invoke was appropriate. The report also found there was an objective basis for the Governor in Council’s decision based on compelling and credible information.
  • At the same time, the report highlighted a number of lessons learned, as well as improvements to response efforts for situations that risk becoming public order emergencies. In particular, the report cited 56 recommendations in six categories: policing; federal intelligence collection and coordination; critical trade corridors and infrastructure; the Emergencies Act; other areas for further study; and follow-up and accountability.
  • Of particular interest to Transport Canada is recommendation 30, related to identifying and protecting critical trade and transportation corridors and infrastructure:
    • “The federal government should initiate discussions with provincial and territorial governments, in consultation with Indigenous governments and affected municipalities, to promptly identify critical trade transportation corridors and infrastructure, and establish protocols to protect them and respond to interference with them.”