Tow Trucks Were Secured Before Declaration of Emergency, Testifies Second Ottawa Police Officer

Ottawa Police Services Superintendent Robert Bernier responds to questions as he appears as a witness at the Public Order Emergency Commission, Tuesday, October 25, 2022 in Ottawa. Adrian Wyld/The Canadian Press

The Ottawa Police Service (OPS) had secured heavy duty tow trucks to remove the Freedom Convoy protest before the Emergencies Act was invoked, a senior officer of the force said on Wednesday.

“The majority of the arrangements were all done by [Feb.] 13th because they were actually in transit to Ottawa,” testified OPS Supt. Robert Bernier before the Public Order Emergency Commission.

The Liberal government invoked the Emergencies Act on Feb. 14 to deal with cross-country protests and blockades.

“That being said, there was some final, obviously contract and finance work that needed to be taken care of in the days that followed, but to my knowledge, we did not have to adopt any processes under the Emergencies Act to compel any of them to follow through on their actions,” said Bernier.

OPS Deputy Chief Patricia Ferguson told something similar to the commission on Oct. 20, but said Bernier would be in a better position to provide details on the matter.

Before the convoy arrived in Ottawa, Bernier was in charge of the OPS communications branch and he was later assigned to the command centre during the events.

Controversy

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.

“One of the problems was that no tow trucks were available,” Minister of Public Safety Marco Mendicino told the special joint committee of parliamentarians reviewing the invocation in April.

Government of Canada counsel Donnaree Nygard challenged Bernier on the acquisition of tow trucks and said many of the deals for the 34 tow trucks didn’t materialize.

“I assume from your testimony that you then weren’t later informed that many of those fell through, and that in fact, Mr. [Kirk] Richardson [from the OPP] was not able to obtain the services of any tow truck companies without the use of the Emergencies Act,” she said.

“I was not informed of that,” Bernier replied.

To substantiate her claim, Nygard presented a letter written by OPP Commissioner Thomas Carrique addressed to “all identified towing companies.”

The letter dated Feb. 17 said towing towing companies would need to comply with the Emergencies Act and provide the required services to police.

“You would agree with me having seen this now that, in fact, the Emergencies Act was used to compel tow trucks,” Nygard said.

Bernier didn’t directly acknowledge.

He later told the commission he had personally seen tow trucks arriving in Ottawa before the day the letter was sent.

“Definitely well before the 17th, before our final day, before going into action, they were arriving,” Bernier said.

“By the time that February 17 letter was sent, if it ever was sent, tow trucks were already in Ottawa, weren’t they?” asked Justice Centre for Constitutional Freedoms counsel Rob Kittredge.

“That that would be my observation, because I would look out and I'd see the trucks out there,” Bernier said.

Commission counsel Frank Au also addressed the tow trucks controversy with Bernier and presented a document annex to an operational plan specific to the use of towing vehicles.

The plan details the number and types of towing vehicles that were available to police to clear the protest.

It lists “12 heavy wreckers,” “2 tilt & load,” “2 highway tractors (bobtails)” and others.

Bernier said it was his understanding that those were drawn from the 34 vehicles previously mentioned.

Counsel Au asked Bernier about his understanding of the availability of this equipment listed for the action on the 18th.

“Ready to go,” said Bernier.