Lawyers for the Saskatchewan and Alberta government told the Rouleau Commission, on its first day of hearings into the Trudeau government's use of the Emergencies Act, that their governments were not consulted about using the Act.
Two provinces say they were blindsided by decision to invoke Emergencies Act | CTV News - David Fraser, Canadian Press:
October 13, 2022 - "Provincial officials in Saskatchewan and Alberta got a Valentine's Day surprise from the prime minister this year when he called to say he was considering invoking the Emergencies Act, a public inquiry heard Thursday. Lawyers representing the two provinces were before the Public Order Emergency Commission, which is looking into the federal government's use of emergency powers to end to weeks of protests at border crossings and in downtown Ottawa.
"'The call (on Feb. 14) was not so much about consulting, it was about telling,' said Saskatchewan government lawyer Mike Morris. 'That phone call was the first time the federal government told the government of Saskatchewan that it was considering invoking the Emergencies Act and declaring a public order emergency.'
"The Liberal government invoked the Emergencies Act on Feb. 14, the first time the law had been used since it replaced the War Measures Act in 1988. The move temporarily granted police extraordinary powers and allowed banks to freeze accounts. Saskatchewan and Alberta say they objected to its use and believe the law did not need to be applied across the country.
"Alberta's lawyer, Mandy England, described in her opening statement before the commission how existing laws and police resources successfully ended a protest at the border in Coutts, Alta., where several people were arrested and charged with conspiring to commit murder after a cache of guns, body armour and ammunition was found in nearby trailers. 'None of the powers that were created under the federal Emergencies Act were necessary, nor were any of them used in Alberta to resolve the Coutts blockade,' she said.
"The federal government is planning to argue the opposite. Robert MacKinnon, representing Justice Canada, said the Emergencies Act was 'reasonable and necessary' given the circumstances across the country. The evidence of the government witnesses will detail the facts and events leading to the decision to declare a public order emergency,' he said. That decision came after weeks of what Trudeau called an 'illegal occupation' of downtown Ottawa, and tales of frustration from people living in the area, many of whom were critical of the police response.....
"The Public Order Emergency Commission was established on April 25, and has been collecting documents and interviewing dozens of people. Six weeks of public hearings in Ottawa are planned....
"The City of Ottawa's auditor general has also launched a review of the local response to the convoy, and several groups have initiated proceedings in Federal Court to challenge the government's use of the Emergencies Act. The inquiry is also distinct from the all-party parliamentary committee struck in March to review the Emergencies Act's use. Both the public inquiry and the parliamentary committee, which continues its work, are required under the Emergencies Act."
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