Ottawa says it needs more time before updating controversial Emergencies Act
Commissioner Rouleau issued 56 recommendations last year on government's use of the law to end convoy protest
More than a year after a federal inquiry set up to review the government's divisive decision to invoke the Emergencies Act in early 2022 recommended updating the legislation, the federal government says it needs more time before moving ahead.
"We need more time because it's complicated," Public Safety Minister Dominic LeBlanc told reporters Wednesday.
"Changing the Emergencies Act necessarily has an impact in terms of the relationship between Canada and provinces and territories."
The minister held a news conference to give an update on the government's progress to Commissioner Paul Rouleau's report.
As required by law, Rouleau's inquiry examined the government's decision to use the Emergencies Act to declare a public order emergency and clear the convoy protests that barricaded the streets around Parliament and blocked international border crossings.
Rouleau ultimately determined that the federal government had met the threshold needed to invoke the never-before-used legislation, but suggested the volatile situation could have been avoided had it not been for "a series of policing failures."
His report made 56 recommendations to improve intelligence sharing, police response to wide-scale protests and the Emergencies Act itself.
Under the Emergencies Act, a national emergency only exists if the situation "cannot be effectively dealt with under any other law of Canada." Further, a public order emergency can be declared only in response to "an emergency that arises from threats to the security of Canada that are so serious as to be a national emergency."
In his final report, Rouleau argued that the definition of "threats to the security of Canada" in the CSIS Act should be removed from the Emergencies Act as it acts as a source of controversy and misunderstanding.
Federal Court came to a different decision
The government pointed to its ongoing appeal of a separate Federal Court decision, which issued a starkly different opinion on the government's use of the Emergencies Act.
Earlier this year, Federal Court Justice Richard Mosley ruled the decision to invoke the Emergencies Act was unreasonable and infringed on protesters' Charter rights.
The federal government has since filed an appeal of that decision, arguing the court applied the reasonableness standard "in an incorrect manner" and that it adopted an "overly narrow articulation" of the Charter of Rights.
"There is ongoing litigation on this issue and the Government will carefully consider those decisions, along with other factors, with a view to assessing whether any amendments to the Emergencies Act are necessary," read the government's formal response to Rouleau's recommendations.
LeBlanc also suggested updates to the Emergencies Act would be done as part of a suite of national security changes that are coming down the pipeline.
"When the CSIS Act was prepared there was no iPhone," he said.
"We are prepared to look at the definition as contained in the Emergencies Act that references the CSIS Act," he said, adding there will be a "thoughtful discussion" around modernizing national security legislation in the coming months.
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