A collection of notes from Deputy Chief of Staff Brian Clough was entered into evidence on Thursday before the Public Order Emergency Committee, which is investigating the federal government’s decision to activate the never-before-used law on February 14. The notes cover Trudeau’s call with the premier hours before the emergency law was invoked. The Emergencies Act requires the federal government to consult with provincial and territorial premiers before activating emergency policing powers. The quality of these consultations has already been raised as an issue during the investigation. According to Clow’s notes, the premieres took a variety of views. He wrote that then-Alberta Premier Jason Kenney described the situation in Coutts, Alta., telling the room that information showed a hard-line, violent group was ready to die for the cause. For two weeks, anti-COVID-19 protesters used heavy trucks and other vehicles to block a major trade access route between Coutts and the U.S. Clow wrote that Kenne said he did not “question” the use of the act, but felt there were other ways to solve the problem. The call came as police in Alberta tried to end the blockade. They arrested some protesters, confiscated weapons and ammunition and negotiated with the rest of the protesters to get them to leave the area. In an interview with the National Post on Thursday, Kenney confirmed some details from those notes from the Feb. 14 meeting, saying that while he was opposed to using the act, he was willing to defer to the provincial government in Ontario if he thought it would help end it. the protests in Ottawa. Former Alberta Premier Jason Kenney says the Emergency Act should not have been applied across the country. (Jeff McIntosh/The Canadian Press) According to the notes, British Columbia Premier John Horgan said he supported the move but feared the introduction of emergency powers would embolden protesters. “I worry [about] very heavy handed,” Horgan said in the call, according to Clow. The notes say Manitoba Premier Heather Stephenson and Saskatchewan Premier Scott Moe opposed the use of the emergency law and were concerned the move would fuel further protests. Clough wrote that Nova Scotia Premier Tim Houston was also concerned about provoking protesters. The notes say Quebec Premier Francois Legault told Trudeau and his fellow premiers that he strongly opposes the use of the emergency law, while New Brunswick Premier Blaine Higgs said his province was able to handle the protest and that he did not want the act to apply to New Brunswick. Ontario Premier Doug Ford said on the call that he strongly supported the use of the Emergency Act, according to Clough’s notes. Newfoundland and Labrador Premier Andrew Furey and PEI Premier Dennis King also expressed some support for its use to manage the protest that has gripped parts of Ottawa for three weeks.
The army is the “last resort”, says the prime minister in the call
According to Clow’s notes, Northwest Territories Premier Caroline Cochrane wanted to be sure the armed forces would not be called. “I really don’t want to see bloodshed,” he said, according to the notes. Trudeau assured the prime ministers that the military was a “last resort,” the notes said. The Emergency Act requires that all provinces “in which the immediate effects of the emergency occur” be consulted before the act is invoked. Saskatchewan’s provincial attorney argued in opening submissions before the Public Order Emergency Committee that the federal government had already decided to invoke the act before the Feb. 14 call. “The call was not so much about consultation as it was about information,” said attorney Michael Morris. The provincial government of Alberta shares this view. “Alberta’s views were only sought after the decision was apparently made and they were basically ignored,” said lawyer Mandy England.
