9 things you might have missed in the Emergencies Act inquiry report

The Public Order Emergency Commission's final report assessing the federal government's invocation of the Emergencies Act concluded that Prime Minister Justin Trudeau met the threshold for enacting unprecedented powers to end the "Freedom Convoy" protests and blockades – even if that move could have been avoided with better policing strategies and more involvement from all levels of governments.

That was the in-depth report’s main takeaway, but Commissioner Paul Rouleau—who led the national inquiry's nearly year-long efforts —made a number of other key observations and came to some interesting conclusions.

After diving into the more than 2,000-page, five-volume document, here are nine notable takeaways Rouleau made about the social media signals missed, policing opportunities lost, and internal concerns raised about the situation worsening, that you may have missed.

ROULEAU SUGGESTS MONITORING SOCIAL MEDIA MISINFO

As was heard during the testimony, social media played a key role in organizing the "Freedom Convoy" and connecting supporters across the country from the beginning. But, Rouleau's report also offers in-depth analysis into how this movement was shaped in some ways by social media misinformation.

"Social media also allows hate speech, propaganda, conspiracy theories, and lies to spread farther, faster, and cheaper than ever before… False beliefs that COVID-19 vaccines manipulate DNA, social media feeds rife with homophobic or racist content, and inaccurate reporting of important events all featured in the evidence before me," wrote Rouleau.

"The fact that protesters could be at once both the victims and perpetrators of misinformation simply shows how pernicious misinformation is in modern society."

Trudeau's national security and intelligence adviser Jody Thomas also raised flags in the hearings that there are gaps in the federal government's ability to properly monitor and collect open-source information from social media.

These findings prompted Rouleau to make a pair of recommendations focused on social media:

• With privacy safeguards, the federal government should examine whether a department or agency should have the authority and responsibility to monitor and report on information contained in social media; and
• All levels of government should study and co-ordinate efforts around the impact of social media, including misinformation and disinformation on Canadian society, as well as other online harms.

"I accept that there is a gap in the federal government’s authority and ability to monitor the digital information environment, and that this gap hampered its ability to anticipate the convoy and understand and gauge the situation as events unfolded," wrote Rouleau.

UNCONVINCED BY CONVOY LEADERS' TESTIMONY

Rouleau concluded that, despite their assertions otherwise, the convoy organizers did not do all they could to limit the amount of violence and harassment experienced by Ottawa's residents.

Citing testimony from Chris Barber and Tamara Lich that they were not in favour of the constant honking, Rouleau notes "they took no meaningful steps to stop it," and ultimately opposed an injunction to restrict it.

Freedom Convoy organizers Tamara Lich and Chris Barber (right) make their way with counsel to the Public Order Emergency Commission, Tuesday, November 1, 2022 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Freedom Convoy organizers Tamara Lich and Chris Barber (right) make their way with counsel to the Public Order Emergency Commission, Tuesday, November 1, 2022 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

The commissioner said he also did not accept organizers' assertions that they were not aware of harassment or intimidation by protesters.

"Their knowledge of actual and potential violence or harassment can be inferred from their own evidence," wrote Rouleau. "At the hearings themselves, the organizers displayed a lack of empathy for the residents of Ottawa, even with the benefit of hindsight."

Here are a few of the other points Rouleau makes about the protests:

• Its roots can be traced back to the rise of populism in Canada, the United We Roll oil and gas convoy protest, and election protests;
• The convoy was comprised of "loosely organized" collection and impacted by power struggles but had cross-Canada support that tapped into a broad set of concerns;
• Most participants sought to engage in legitimate and lawful protests, though the events also attracted and included those who espoused "reprehensible views";
• The Ottawa protesters were not lawful, calm, peaceful, or representative of a celebration; and generated "reasonable concerns" about serious injury and violence.

"During the hearings, I heard testimony from several protesters who said that their activities were lawful because they were engaged in protests, and thus were exercising their rights under the Charter. This view, while understandable, is inaccurate. The Charter provides a robust protection for protest activities. But like all rights in Canada, protest rights are subject to reasonable limits," wrote Rouleau.

WHERE DID THE MONEY GO?

A considerable portion of Rouleau's analysis tries to answer the question many have asked: Where did the millions of dollars in money fundraised during the protests go?

In short: some was used to cover convoy expenses, some of it was refunded, and the rest was handed over to the escrow agent pending the outcome of the ongoing class-action legal proceedings.

While not a comprehensive recap of all that's contained in the commission report on the topic, here are some of Rouleau's notable summations of the fundraising efforts, the role cryptocurrency played, and the prominent presence of physical cash:

• According to GoFundMe, the convoy campaign had 133,836 donors, raising approximately $10 million before it was shut down;
• Email money transfer donations totalling $419,416.63 were made to the convoy campaign;
• According to GiveSendGo, the Adopt-a-Trucker campaign had 8,380 donors, raising US$591,789.18, while Stripe said it processed $793,584.74 in donations to the Adopt-A-Trucker campaign;
• A 'Honk Honk Hodl' fundraiser raised approximately 21 Bitcoin, most of which was distributed into 100 wallets containing the equivalent of $8,019.43 at the time. Given to truckers in Ottawa, 40 wallets remained untouched as of the report's release.
• It was estimated that cash donations reached up to $20,000 per day in Ottawa, where multiple locations were made available for drop offs, including the main stage on Wellington Street. Organizers created a system to distribute envelopes containing $500 to truckers.

"The level of financial support provided to the Ottawa protest from people across Canada and around the world was significant. Protest organizers were clear that they were stunned by how successful they were in generating funds… However, as I have found, relatively little of this donated money ever reached the protesters. Most funds were blocked through steps taken by private entities and through court orders," wrote Rouleau, who recommended that the federal government continue its study into cryptocurrencies.

'SEVERAL DEFICIENCIES' IN POLICE RESPONSE

Some of the most damning critiques in the commission report are focused on the Ottawa Police Service (OPS) and its initial handling of the "Freedom Convoy." He noted that information was available to police ahead of time that, if properly assessed, would have made clear protesters' intent to stay beyond the first weekend, and that police "largely lost the capacity to conduct enforcement" by the following Monday.

Rouleau also called the local police force out for lacking understanding of the powers its officers had, and for not developing an overall operational plan until the day before the Emergencies Act was invoked.

Police officers patrol on foot along Albert Street as a protest against COVID-19 restrictions that has been marked by gridlock and the sound of truck horns reaches its 14th day, in Ottawa, Thursday, Feb. 10, 2022. THE CANADIAN PRESS/Justin Tang

Police officers patrol on foot along Albert Street as a protest against COVID-19 restrictions that has been marked by gridlock and the sound of truck horns reaches its 14th day, in Ottawa, Thursday, Feb. 10, 2022. THE CANADIAN PRESS/Justin Tang

"There were several deficiencies in how the police responded to the events in Ottawa," he wrote.

While police failings were highlighted in coverage coinciding with the report's release last week, the depths and ways that OPS, the Ontario Provincial Police (OPP), and the RCMP could have better collaborated are documented in depth and resulted in 27 of Rouleau's 56 recommendations being centred on the police.

Here are just some of the areas of policing shortcomings that Rouleau wrote about at length:

• Intelligence failures;
• Lack of continuity of command;
• Lack of integration of the OPP’s Provincial Liaison Team into decision making;
• Then-Ottawa police chief Peter Sloly's involvement in operational decisions;
• The failure to embrace integrated or unified command in a timely way;
• Uncertainty over the existence or adequacy of a plan; and
• Decision making and communication unduly influenced by extraneous considerations.

And while considerable time was spent at the commission diving into Sloly's role, Rouleau's report notes that it was "all too easy to attribute all of the deficiencies in the police response solely to him."

"This would be unfortunate and indeed, inconsistent with the evidence. Errors in leadership must be seen in the context of a truly unprecedented event in size, duration, and complexity," wrote Rouleau.

IMPACT ON OTTAWA WAS 'STRIKING'

While testimony before the Emergencies Act inquiry from Ottawa residents was comparatively limited, Rouleau heard enough to conclude: "the impact of the occupation on the residents of Ottawa was striking."

Among the impacts Rouleau's report notes:

• The negative effects on people's physical and psychological health and safety, compounded by street obstructions impeding access to critical public and emergency services;
• The protests overwhelmed law enforcement who were unable to enforce basic laws, which created a further safety risk; and
• There were constant fire hazards in the downtown core, caused by open fires, wood, propane tanks, and jerry cans of fuel.

"There were multiple reports of harassment, intimidation, and assaultive behaviour, to which law enforcement was often unable to respond…. Residents endured prolonged exposure to diesel fumes and excessive noise from air and train horns. Many of these effects had a particularly strong impact on vulnerable individuals, especially those who rely on homecare or the delivery of goods and services," wrote Rouleau.

ONTARIO'S 'ABSENCE' PROMPTS PRECEDENT QUESTION

While Ontario being accused of abandoning Ottawa did make headlines upon the report's release, you may have missed that somewhat connected to this, Rouleau has recommended that the Emergencies Act should be amended to clarify that federal politicians can not claim parliamentary privilege to refuse to testify before a commission. This was a claim Ontario Premier Doug Ford made to avoid his turn in the hot seat.

While Rouleau's recommended change wouldn't apply to premiers, for example, it would likely set a precedent that would make it harder for other political leaders to try to use similar reasons to get out of testifying.

Then-Ottawa Mayor Jim Watson, left, and Ontario Premier Doug Ford speak to reporters after meeting together in Ottawa, on Friday, Dec. 6, 2019. THE CANADIAN PRESS/Justin Tan

Then-Ottawa Mayor Jim Watson, left, and Ontario Premier Doug Ford speak to reporters after meeting together in Ottawa, on Friday, Dec. 6, 2019. THE CANADIAN PRESS/Justin Tan

Here are a few other Rouleau’s related findings about Ontario:

• The province was not as engaged when protests were limited to Ottawa, deciding to act once they began spreading; and
• It was a "shortcoming" that the Ontario government declined training requested by the Ottawa Police Services Board (OPSB) during the protests, directing the OPSB to send questions about its role in writing.

"Ottawa is a municipality created by the Province of Ontario and subject to its jurisdiction. The Province is ultimately responsible for effective policing in Ottawa. Given that the City and its police service were clearly overwhelmed, it was incumbent on the Province to become visibly, publicly, and wholeheartedly engaged from the outset," wrote Rouleau.

FED-PROV CONSULTATIONS SHOULD HAVE BEEN BETTER

Rouleau ultimately found that the federal government's consultation with the provinces and territories ahead of the invocation of the Emergencies Act were "adequate" but "could, and likely should, have been better."

The commissioner suggested a few ways the cross-country consultations could have been improved, including giving the premiers a brief period to provide feedback on the proposed measures and formalizing consultations with Indigenous communities, despite no legislative requirement to do that.

"Taken in isolation, it is arguable that the First Ministers’ Meeting was not an appropriate consultation. In my view, however, this conclusion would be a mistake," wrote Rouleau. "The First Ministers’ Meeting must be considered in the context of the substantial intergovernmental engagement work that came before, both at the political and the officials’ level, the aim of which was to make sure that existing legal tools were being used and resourced — a key aspect of and reason for consultation under the Emergencies Act."

INVOCATION 'DRASTIC' BUT NOT DICTATORIAL'

In his analysis of the federal government's decision-making, Rouleau notes that while "drastic," the move to invoke the Emergencies Act is "not a dictatorial one.” With all things considered, cabinet had credible and compelling information to support the belief that the definition of a threat to the security of Canada was met, the report said.

Public Safety Minister Marco Mendicino, Deputy Prime Minister and Finance Minister Chrystia Freeland, Justice Minister and Attorney General of Canada David Lametti and President of the King’s Privy Council for Canada and Emergency Preparedness Minister Bill Blair look on as Prime Minister Justin Trudeau speaks about the Public Order Emergency Commission report on the Liberal government's use of the Emergencies Act, in Ottawa, Friday, Feb.17, 2023. THE CANADIAN PRESS/Adrian Wyld

Public Safety Minister Marco Mendicino, Deputy Prime Minister and Finance Minister Chrystia Freeland, Justice Minister and Attorney General of Canada David Lametti and President of the King’s Privy Council for Canada and Emergency Preparedness Minister Bill Blair look on as Prime Minister Justin Trudeau speaks in Ottawa, Friday, Feb.17, 2023. THE CANADIAN PRESS/Adrian Wyld

Among Rouleau's notes about the government’s deliberations:

• They were "intense" and came from belief existing tools and plans were inadequate;
• There was a perception that the situation was worsening nation-wide;
• CSIS had reported an increase in anti-enforcement rhetoric and calls to participate online;
• CBSA reported at least a dozen border situations in the days leading up to invocation; and
• By Feb. 13 cabinet received a situation update and briefing on the Act, deliberated thresholds, and left the final decision up to the prime minister.

"I am satisfied that a compelling and credible factual basis existed that objectively supported a reasonable belief that the lives, health, and safety of Canadians were seriously endangered," wrote Rouleau.

FUTURE COMMISSION SHOULD HAVE MORE TIME

Rouleau has not been shy about highlighting his tight deadlines throughout the process. In the report, he details at length how he only had 300 days to file it, whereas other past national inquiries have had years.

Ultimately, this prompted him to recommend that:

• The 360 days within which an inquiry has to complete its work should begin the day that the government strikes the commission; and
• The commissioner should have the power to extend the amount of time given to complete the final report, by up to six months.

"Conducting the first public Inquiry held pursuant to the provisions of the Emergencies Act was at once challenging and rewarding. I am pleased that, despite the time constraints and other pressures we faced, the Commission produced a fulsome Report conveying the information it uncovered to Canadians," wrote Rouleau.