City Had Tow Trucks Lined Up Before Invocation of Emergencies Act, Says Ottawa Police Dep. Chief

Police inspect one of the few remaining protest trucks before having it towed out of the downtown core, in Ottawa on Feb. 20, 2022. The Canadian Press/Adrian Wyld

The Liberal government has claimed a number of times that it was necessary to invoke the Emergencies Act to compel towing companies to remove the heavy trucks from downtown Ottawa during the Freedom Convoy protest, but the city’s police deputy chief said on Thursday that tow trucks were on their way before the invocation.

“You stated earlier that you did have tow trucks lined up and that they were on their way to Ottawa prior to the invocation of the Emergencies Act. Isn’t that true?” asked counsel Rob Kittredge of the Justice Centre for Constitutional Freedoms.

To which Ottawa Police Service (OPS) Acting Deputy Chief Patricia Ferguson replied “Yes.”

Ferguson was testifying before the Public Order Emergency Commission, which is reviewing the government’s invocation of the act on Feb. 14.

Kittredge asked his question based on a statement made by Ferguson minutes earlier about the issue of procuring tow trucks.

“I think at the time of my statement I was under the impression that things like tow trucks, that was the only way we were going to be able to get them,” Ferguson said in reference to her interview with the commission on Aug. 11 which touches on the issue of using the act to compel towing companies.

“I may be corrected by Superintendent [Robert] Bernier, I think they did have some lined up and they were on their way just prior to us beginning our actions,” said Ferguson. Supt. Bernier will testify before the commission at a later date.

The summary of Ferguson’s interview with the commission says she “found it difficult to say whether the Freedom Convoy situation could have been managed or resolved without the Emergencies Act.”

She said the act made resolving the situation more effective, especially with the securing of tow trucks.

“OPS knew that if it arrived with tow trucks, many protestors would leave because the trucks were their home and livelihood,” says the interview summary.

‘Single Biggest Issue’

The ability to compel towing companies to cooperate with police brought about by the Emergencies Act has been cited as a key measure by government officials at the city and federal levels.

Ottawa City Manager Steve Kanellakos told the commission on Oct. 17 that towing companies would not cooperate out of fear for their safety, not wanting to damage their reputation with the truckers, and in solidarity with the protesters.

Ottawa Mayor Jim Watson said in his commission testimony on Oct. 18 that getting tow trucks was needed to solve the “single biggest issue” in relation to clearing the protest, due to the city not having the towing capacity.

However he told the commission he wasn’t sure how the tow trucks were ultimately procured.

“I’m assuming that it would have been a combination of the police and the city that procured them,” Watson said.

“We were told by every tow truck company that they were not going to participate, and then when the Emergencies Act was introduced, tow trucks suddenly appeared. So I think the cause and effect was yes, the Emergencies Act compelled them.”

Prime Minister Justin Trudeau said this summer that securing tow trucks was a key reason why he declared a public order emergency.

“We had a range of advice from Justice. From Public Safety. From various areas. But if you think about the specific tools, one of the concrete complaints was tow truck drivers weren’t willing to send in their rigs at the cost of being outed or harassed by these protesters,” said Trudeau.

“We saw that one of the only tools we had that was going to be effective in the timeframe necessary was to bring in the Emergencies Act.”

Public Safety Minister Marco Mendicino also raised the same issue a number of times.

While the commission is one body reviewing the declaration of emergency, a special joint committee of parliamentarians is doing the same.

“One of the problems was that no tow trucks were available,” Mendicino told the committee in April. “We were not able to secure the tow trucks. There were threats. There were interruptions at the time. That was one piece of advice we were getting at the time.”

Committee member Conservative Sen. Claude Carignan replied by saying he found tow trucks for sale in the classified ads.

“You could have bought some and had the trucks removed yourselves without invoking the Emergencies Act,” he said.

At a subsequent committee meeting in May, Carignan said towing companies could have been compelled under Section 129 of the Criminal Code, which states that it is an indictable offence to resist or willfully obstruct a peace officer in the execution of his duty.

Carignan asked RCMP Commissioner Brenda Lucki whether anyone had been charged under that article.

“I’m not familiar with anybody being charged under that section of the Criminal Code,” Lucki said.