The federal government is open to potential changes in the Emergencies Act but says it first wants to conduct broad consultations on the law it relied on to suppress the "Freedom Convoy" protests two years ago.

In its final response today, Wednesday, to the inquiry committee, the Liberal government also outlined steps it is taking to improve the flow of intelligence information and protect key transportation corridors.

However, the government downplays the need to adopt many of the committee’s proposed changes to police protocols.

The Public Order Emergency Commission led by Judge Paul Rouleau made 56 recommendations, nearly twenty of which specifically relate to the Emergencies Act itself.

In early February 2022, protesters blockaded downtown Ottawa, many of them in large trucks that had penetrated the city starting late January. The gathering was initially described as a protest against COVID-19 health restrictions, and the rally attracted people with various grievances against Prime Minister Justin Trudeau and his government.

Meanwhile, protests spread and trucks blocked key routes to the United States in Windsor, Ontario, and Coutts, Alta.

On February 14, 2022, the government announced the Emergencies Act. This allowed temporary measures to be taken, including the regulation and banning of public assemblies, designating safe zones, directing banks to freeze assets, and prohibiting support for participants.

This was the first time the law had been used since it replaced the War Measures Act in 1988.

In a letter dated February 15 to premiers, Trudeau said the federal government believed it had reached a point where "there is a national emergency caused by threats to Canada’s security."

In a recent ruling, Federal Court Judge Richard Mosley said the activation of the Emergencies Act was unreasonable and violated constitutional rights, and the federal government is appealing the ruling.

However, the Public Order Emergency Commission, which conducted a mandatory review following the use of the Act, found early last year that the government met the very high legal standards for using the law.

Nevertheless, Rouleau called for an in-depth review of provisions relating to emergencies concerning public order.

The federal response says the government will engage provinces, territories, Indigenous partners, and civil society on Rouleau’s recommendations concerning the Emergencies Act, "including seeking views on potential legislative amendments."

Rouleau found that the definition of "threats to Canada’s security" in the Emergencies Act was incorporated from the Canadian Security Intelligence Service Act, the law governing Canada’s main spy agency.

He wrote, "However, the CSIS Act and the Emergencies Act are two different systems operating independently of each other." "They serve different purposes, involve different actors, and entail different considerations."

The government indicates it will wait for the outcome of ongoing court proceedings regarding the use of the Emergencies Act, among other factors, before deciding whether there is justification for changes.

Public Safety Minister Dominic LeBlanc said at a press conference today, Wednesday, that any change to the definition of security threats in the Emergencies Act should be within the context of a "thoughtful and more comprehensive" review of national security legislation.

LeBlanc added that a number of Rouleau’s recommendations directly affect other levels of government. "Changing the Emergencies Act necessarily impacts the relationship between Canada and the provinces and territories."

Rouleau recommended that when a government declares a public order emergency, it should be required to provide all information, advice, and recommendations submitted to the federal Cabinet or ministerial committees or individual ministers to the resulting inquiry committee.

The Trudeau government confirmed it gave Rouleau some ministerial information on an "exceptional and voluntary basis," but it will be up to future governments to conduct a "fact-specific public interest balancing analysis" before deciding whether the committee should be granted access to Cabinet secrets.

During the Ottawa protests, the usually quiet streets around the Parliament building were surrounded by blaring horns, diesel fumes, temporary camps, even a hot tub and bounce castle where participants settled in.

The influx of people, including some with roots in the far-right movement, forced many businesses to temporarily close, worsening residents’ conditions due to noise, pollution, and annoying behavior.

Public anger escalated because Ottawa police took no action, and eventually officers from other forces arrived to help clear the streets.

In its recently released response, the government indicates that current protocols are sufficient to request or redeploy police resources in emergencies but sees other areas for improvement.

The federal response says the RCMP is working with federal partners and other police agencies to enhance the collection and sharing of criminal intelligence.

Additionally, the Canadian Criminal Intelligence Service, with help from the RCMP, is exploring how to better use the Canadian Criminal Intelligence System—a database supporting the criminal intelligence and police community—to help manage and retain intelligence related to serious crimes and public order events.

The government also agrees to "consider and explore" a recommendation to ensure that its departments and agencies have the authority and responsibility to monitor information from social media and report it, "for appropriate purposes and with appropriate safeguards."

It added, "Under the direction of the National Security Advisor, the Canadian intelligence community launched an internal review of open-source intelligence activities and is seeking to update policies and establish clear frameworks on online monitoring, including social media and other complex online platforms, and responses to them."

The government indicates that the Security Agency is working to improve intelligence collection and dissemination through potential changes to key legislation, including the CSIS Act, with one goal being to give federal security agencies legal authority to disclose information about threats to a wide range of recipients.

The government also agrees with Rouleau’s call to identify trade corridors and critical infrastructure in consultation with provincial, territorial, and Indigenous groups. It says a new national critical infrastructure strategy will be released before the end of the year.

The Canada Border Services Agency has already made security improvements at 11 ports of entry and updated its border management plans in response to the 2022 blockade.

The response states that a working group composed of the Canadian Public Safety Agency, Public Services and Procurement Canada, the Privy Council Office, as well as parliamentary partners and law enforcement agencies, is studying policing issues unique to the parliamentary precinct and surrounding area.

It reiterates the federal commitment to continue discussions with the city of Ottawa to transfer part of Wellington Street, which runs in front of the Parliament building, to the federal government.

The response adds that the goal is to define the legal and geographical boundaries of the area and clarify security and policing roles and responsibilities.

Overall, the government praises the committee’s report as a milestone in the process of restoring public trust and addressing divisions within Canadian society. "The government’s actions and commitments outlined in this response represent an important step toward achieving this goal."