Justin Trudeau blindsided Alberta and Saskatchewan with use of Emergencies Act, lawyers tell opening day of inquiry

OTTAWA - Lawyers for Alberta and Saskatchewan say those provinces were blindsided when Prime Minister Justin Trudeau called the premiers on Valentine's Day to say the federal government was considering using the Emergencies Act for the first time to quash so-called Freedom Convoy" protests.

The provinces are arguing - alongside protest organizers, some civil liberties groups and the Ontario Provincial Police - that the controversial decision was unnecessary.

The provinces also claim the federal government failed to properly consult them, which the Emergencies Act requires before it is invoked.

The statements came in the opening hours of a public inquiry into the use of the act during the convoy crisis last winter, a process that inquiry commissioner Paul Rouleau said would focus squarely" on that unprecedented decision.

The call (on Feb. 14) was not so much about consulting, it was about telling," said Saskatchewan government lawyer Mike Morris.

Alberta government lawyer Mandy England agreed, adding that her province effectively dealt with a convoy-inspired border blockade in southern Alberta without any of the special powers created under the Emergencies Act.

None of the powers that were created under the federal Emergencies Act were necessary, nor were any of them used," she said.

Rouleau, a judge with Ontario's top court who was chosen by the federal government to lead the inquiry, said earlier that it will aim to uncover facts about the convoy protests that occupied Ottawa and inspired border blockades last winter.

It will also make recommendations for the future, he said, while probing whether the special powers created under the Emergencies Act were appropriate to deal with the crisis.

Trudeau's government has insisted that it needed to use the act as a last resort" to deal with a national emergency that was harming Canada's territorial integrity, causing economic harm, and included the threat of extremist violence.

While this inquiry will deal with a wide range of issues ... its focus will remain squarely on the decision of the federal government. Why did it declare an emergency? How did it use its powers? And were those actions appropriate?" Rouleau said.

These are matters of fundamental importance," he later added.

The exercise by government of the exceptional power given to it by the Emergencies Act affects, directly or indirectly, all Canadians."

He also stressed that timelines are tight," with a legislated deadline to submit his final report in February, and 65 anticipated witnesses, including key protest leaders like Tamara Lich and Pat King who face criminal charges for their roles in the convoy, police chiefs, and politicians such as Trudeau and Finance Minister Chrystia Freeland.

During brief opening statements to the inquiry, lawyers for various parties with standing outline their stances on the protests and use of the Emergencies Act.

Robert MacKinnon, a lawyer for the federal government, predicted the evidence will show that the invocation of the Emergencies Act was a reasonable and necessary decision, given the escalating volatile and urgent circumstances across the country."

Brendan Miller, who represents protest organizers, took the direct opposite view. He said the inquiry will hear no evidence that supports any legal reason for triggering the Emergencies Act, such as evidence of espionage and sabotage, clandestine or deceptive foreign influence, threats of serious violence, or groups trying to overthrow the government.

There was no reasonable and probable grounds to invoke Emergencies Act and ... the government exceeded their jurisdiction both constitutionally and legislatively in doing so," he said.

The inquiry also heard briefly about the experience of residents in Ottawa, some of whom are suing the convoy organizers in a class-action lawsuit that seeks more than $300 million in damages.

Lawyer Paul Champ, representing a coalition of Ottawa residents and businesses, said he intends to show how traumatized the city was, and why there's been a breakdown in trust in local officials and every level of government."

Champ described the scene in Ottawa for more than three weeks last winter, saying it was chaos and disorder," with jerry cans everywhere, fireworks at all hours of night, no public services, grocery stores closed and disruptions to paramedic, ambulance and taxi services. He said residents and businesses felt abandoned and (left) unsafe by the police and all levels of government."

Meanwhile, Ontario Provincial Police lawyer Christopher Diana said the force plans to show how it provided crucial assistance" to police in Ottawa, Toronto and Windsor, describing the operation to clear the Ambassador Bridge of protesters as very much a success story in terms of how it was handled."

He said the evidence will show the extent to which the OPP relied on both the provincial and federal declarations of emergencies.

But he made clear the OPP believes there was sufficient legal authority in (the emergency laws') absence to deal with the protest activities that took place over this period of time."

Many of the participants laid out how they will defend their actions, including the much-criticized former Ottawa police chief, Peter Sloly.

His lawyer, Tom Curry, said Sloly believes the judge needs to understand how the events in Ottawa represented an unprecedented threat to national security."

Sloly will argue that his police force had limited resources" to deal with a massive occupation" and made frequent requests for additional police personnel.

When the resources were present to end the occupation," Curry said Sloly stepped aside to ensure any lack of confidence in police that had occurred wouldn't compromise public safety in future. He said the former chief will offer 11 recommendations for Rouleau to make to prevent a repeat event.

In its work since he was appointed to head the process in the spring, Rouleau said the inquiry has received tens of thousands of documents from governments, police and other groups. Inquiry lawyers have also interviewed key witnesses, and prepared summaries that could be introduced as evidence alongside oral testimony during the public hearings, he said.

Rouleau said much of the material the inquiry has examined is classified, but that he would strive to minimize how much of it might need to be analyzed and presented behind closed doors. He said he expects thousands of pages" of inquiry material will be posted online.

During these hearings, I will be hearing the bulk of this evidence for the first time, just like members of the public," Rouleau said.

I intend to take a judicial attitude to my job. By that I mean that independence, impartiality and fairness are my touchstones."

Alex Ballingall is an Ottawa-based reporter covering federal politics for the Star. Follow him on Twitter: @aballinga

Tonda MacCharles is an Ottawa-based reporter covering federal politics for the Star. Follow her on Twitter: @tondamacc