AND THEY’RE OFF — If you had visions of a legion of convoy types showing up at the launch of the Public Order Emergency Commission to defend their constitutional rights, or a crowd of Ottawa residents lining up to remind everyone of the trauma caused by the trucker protests, you would have been sorely disappointed.
There was a legion of journalists present to hear Justice PAUL ROULEAU kick off six weeks of public hearings into the government’s invocation of the Emergencies Act during the “Freedom Convoy” protests in February. And there were lawyers. Many, many lawyers. But many of the chairs set out for members of the public remained empty. A few convoy leaders showed up, including TAMARA LICH , but didn’t speak to reporters. At the end of the day, a single convoy-esque vehicle sat outside the Library and Archives Building where the hearings are taking place, adorned with flags and painted slogans. But it wasn’t even a truck — just a small, harmless sedan. All in all, Day One of the Rouleau Commission was a quiet, staid affair. But it did give viewers a sense of the players and the arguments that will be aired, in great detail, over the next several weeks. — The man in charge: Rouleau gave a “modest” (his word) opening statement that lasted a mere 35 minutes. Much of it was what you’d expect: the commission will seek to learn what led the government to declare a public order emergency and whether its actions were appropriate, and Rouleau will maintain an “open mind” throughout. But the commissioner did allow himself one brief critique of the process, pointing out that he’s been given just months to table a final report when other inquiries have had years. The Air India inquiry took more than four years to issue its report, he said, whereas he has until Feb. 20. — Speed dating round: The commission then gave lawyers representing each of the 20-odd parties with standing a chance to introduce their positions. Those lawyers will have the right to question witnesses throughout the hearings. First at bat was ROBERT MACKINNON, a lawyer for the federal government, who claimed the evidence will show the Emergencies Act was “necessary and reasonable.” No surprise there. Next up, lawyers for Saskatchewan and Alberta argued the provinces weren’t told the federal government was considering invoking the act until the decision had been made, and their concerns about it were ignored. Again, no surprise. — Where things might get spicy: A lawyer for the Ontario Provincial Police said the force had “sufficient legal authority” to deal with the protests without the invocation of the Emergencies Act. On the other hand, counsel for former Ottawa police chief PETER SLOLY said his client will explain how the emergency declaration helped end the occupation. — The other players: A slew of other parties lined up against the use of the Emergencies Act. A lawyer representing the protesters said there was “no justification whatsoever” to declare an emergency. The Canadian Civil Liberties Association and other civil society groups argue the government had other tools to deal with the protests. And the National Crowdfunding & Fintech Association of Canada (it’s a thing!) said declaring an emergency results in the “subtle and not so subtle erosion of the rule of law.” — What’s on today: The commission will hear from its first witnesses today — a group of Ottawa residents who, it’s safe to say, won’t have kind words for the convoy. They include ZEXI LI , lead plaintiff of a class-action lawsuit against the protesters, and mayoral candidate CATHERINE MCKENNEY, councilor for Ottawa’s downtown Somerset ward. — Next up: We don’t have a day-to-day schedule of who’s appearing when, but here’s the working plan: The commission will deal with the Ottawa protests first, starting with residents, then the City, the police, and finally protest organizers and participants. Then the inquiry will move on to other protests, chiefly the blockade of the Ambassador Bridge in Windsor, Ont. and the border blockade in Coutts, Alta. The last two weeks will be spent hearing from the federal government, including senior officials, cabinet ministers and Prime Minister JUSTIN TRUDEAU. The total witness list currently numbers 65 people. — Meanwhile, on Twitter: #POEC has taken off, and we here at Playbook would like to register our profound disapproval. How are you even supposed to pronounce that? “Poke”? “Poe-eck”? “Poe-cee”? None of these are acceptable options. |