Had the Emergencies Act not been invoked by the Liberal government, law enforcement would still have cleared the Freedom Convoy protests with the federal, provincial, and municipal police forces working together, says Ottawa Police Service (OPS) interim chief Steve Bell.
“In the absence of the invocation of the Emergencies Act, the OPS, the OPP [Ontario Provincial Police], the RCMP—as part of unified command—were going to clear the protests,” Bell told the Public Order Emergency Commission at its Oct. 24 hearing as part of its independent public inquiry into the federal government’s use of the act.
Bell was OPS deputy chief in charge of intelligence when the Freedom Convoy protests began in January. He was named interim chief on Feb. 15 following the resignation of former chief Peter Sloly and just a day after Prime Minister Justin Trudeau declared a public order emergency on Feb. 14 and invoked the act.
Meanwhile, Bell told the commission on Oct. 24 that the act did help dislodge the protest with four specific measures.
He noted as being useful the definition of a no-protest zone, the compelling of tow truck companies to haul away Freedom Convoy vehicles, the freezing of protest supporters’ financial accounts, and the increased speed to swear in police officers coming from other jurisdictions.
Rob Kittredge, counsel for the Justice Centre for Constitutional Freedoms, challenged Bell on those four points.
Kittredge asked Bell whether the swearing in of officers could have been done without using the Emergencies Act, and within 24 hours.
“They absolutely could have been sworn in without it. It just could have created a backlog and lag time,” said Bell.
“It could likely have been done in 24 hours, but I don’t think the benefit was as to when it could get done. I think the benefit was to that as soon as a member was boots on the ground in Ottawa, landed in Ottawa, they were operationally ready to be deployed.”
On the issue of compelling tow truck companies to help clear out vehicles, Kittredge made the allegation that emergency powers were never needed for this purpose.
“I don’t know that. So that’s a better question directed at Superintendent [Robert] Bernier,” said Bell.
Kittredge said Bernier “is expected to testify to the effect that emergency powers were not needed to compel towing companies to supply trucks or drivers, because by February 13, the OPP had retained 34 tow trucks with willing drivers.”
About the freezing of financial accounts without a court order, Bell said he had no direct knowledge of that measure inciting protesters to leave voluntarily or being deterred from coming to Ottawa.
Bell also said the definition of an exclusionary zone could have been achieved without the Emergencies Act, though that is “an uncommon authority that police exercise.”
“The ability for us to be very clear in how we were managing, striking up, and excluding people from that zone was extremely important to us to be able to execute the plans that we did,” Bell said.
Information revealed so far from senior police officers from other jurisdictions indicates they did not believe the Emergencies Act was necessary to clear the protest.
Now-retired OPP chief superintendent Carson Pardy, who was in charge of helping to plan the removal of the protest at the time, told the commission on Oct. 21 that the act was not necessary.
