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Trudeau ‘serene’ about invoking Emergencies Act, says police plan to clear protest ‘wasn’t a plan at all’

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Prime Minister Justin Trudeau today dismissed claims that police in Ottawa were on the verge of executing a plan to clear the anti-COVID-19 restrictions occupation last winter, arguing that the plan “wasn’t a plan at all.”

Multiple lawyers pushed back against Trudeau’s claim, suggesting that he hadn’t been properly briefed on plans to clear downtown Ottawa of the protesters who had blocked parts of the capital for weeks.

After six weeks of dramatic witness testimony, Trudeau made his own highly anticipated appearance before the Public Order Emergency Commission. He steadfastly defended his government’s decision to invoke the Emergencies Act on Feb. 14 for the first time in the law’s 34-year history.

 

‘This was necessary’: Trudeau defends decision to invoke Emergencies Act

 

During his testimony before the Emergencies Act inquiry, Prime Minister Trudeau is asked whether invoking the Emergencies Act will open the ‘floodgates’ and encourage future use.

The commission has heard previously that after initial confusion and dysfunction, the Ottawa Police Service [OPS], the Ontario Provincial Police [OPP] and the RCMP had come together to craft an operational plan.

“We kept hearing there was a plan,” Trudeau testified on Friday before a packed room.

A line of anti-mandate protesters stands face-to-face with a line of police officers in downtown Ottawa on Feb. 19. (Michael Charles Cole/CBC)

“I would recommend people take a look at that actual plan, which wasn’t a plan at all”

Trudeau said the document he heard about was largely about using liaison officers to shrink the footprint of the protest, with details on enforcement “to be determined later.’

“It was not even in the most generous characterizations a plan for how they were going to end the occupation,” Trudeau said.

 

Trudeau says Ottawa police had no plan to end convoy protest

 

During his testimony at the Emergencies Act inquiry, the prime minister highlights weak planning from Ottawa Police Services to end the convoy protests.

The question of whether police could have handled the crowds without the Emergencies Act has been raised multiple times at the inquiry, as Commissioner Paul Rouleau considers whether its invocation was truly a measure of last resort.

The night before the law was invoked, RCMP Commissioner Brenda Lucki told Public Safety Minister Marco Mendicino’s chief of staff that she felt police had not yet exhausted “all available tools,” according to an email seen by the inquiry. In that email, she also listed a number of measures that could be helpful if the government moved forward.

Jody Thomas, Trudeau’s national security intelligence adviser, testified last week that Lucki failed to pass that information on during a meeting with senior officials on Feb. 13.

“Individuals who are at that meeting are expected to provide information that is of use to decision makers … the prime minister in his cabinet,” Thomas said Thursday.

RCMP Commissioner Brenda Lucki steps out of a vehicle as she arrives at the Public Order Emergency Commission, Tuesday, Nov. 15, 2022 in Ottawa. (Adrian Wyld/The Canadian Press)

Thomas also said she doubted the RCMP had firmed up a plan with the OPP.

“There was no evidence there was a plan,” Thomas said. “We had been told there was a plan multiple times.”

The Emergencies Act says a national emergency is an urgent and critical situation of a temporary nature that “cannot be effectively dealt with under any other law of Canada.”

“That was part of the problem, that not all tools were being used,” Trudeau said.

Rebecca Jones, a lawyer for former Ottawa police chief Peter Sloly, showed Trudeau Lucki’s testimony that she and the head of the OPP were briefed on a plan around Feb. 11.

“We were satisfied with the plan,” Lucki testified last week.

Jones suggested to Trudeau that there was a disconnect between their testimonies.

“I’m going to suggest what happened is that Commissioner Lucki didn’t brief you and your cabinet that there was complete plan on the 13th,” she said.

“I can’t comment on that,” Trudeau said.

Lawyers question how well Trudeau knew the plan

Jones wasn’t the only lawyer to question Trudeau’s assessment of the police plan.

Under cross examination by the Ottawa Police Service’s lawyer, Jessica Barrow, Trudeau said he didn’t have the capacity to do a line-by-line review of the police plan.

“I take you would agree with me that perhaps there was a little bit more substance to the plan than you were aware of on the 13th,” she said.

“I am unable to speak to that,” he said.

Sujit Choudhry, counsel for the Canadian Constitution Foundation, cited the Feb. 13 Ottawa Police plan and pointed out that eight of its pages have been fully redacted.

A man in a dark suit speaks into a microphone.
Canadian Security Intelligence Service (CSIS) Director David Vigneault is seen as he gives testimony at the Public Order Emergency Commission Nov. 21, 2022 in Ottawa. (Adrian Wyld/The Canadian Press)

Choudhry asked that the pages be unredacted. The government declined.

“Prime minister, can I put it to you this way? You said we should read the plan but I think you’d agree we can’t,” he said.

“Indeed,” said Trudeau. “I haven’t read the plan.”

OPS Supt. Robert Bernier, who helped design the force’s plan to end the protest in downtown Ottawa last winter, told the commission last month he was already planning to carry out a police operation when the law was invoked.

When asked whether he thought the federal act was necessary to remove protesters, Bernier said it’s hard for him to say.

“I did not get to do the operation without it,” Bernier responded. “I don’t know what complications I would have had had it not been in place and utilized the common law.”

Ottawa police and representatives of the other police forces moved ahead with what they called the “February 17 plan”, which methodically cleared the downtown core over a weekend. It was one of the largest police operations in Canadian history.

Trudeau says CSIS isn’t the decision-maker

With critics arguing the government did not meet the requirements of the legislation, the inquiry has been considering the legal definition of a public order emergency.

The Emergencies Act defines a national emergency as one that “arises from threats to the security of Canada that are so serious as to be a national emergency.”

The act points back to the Canadian Security Intelligence Service Act definition of such threats, which include harm caused for the purpose of achieving a “political, religious or ideological objective,” espionage, foreign interference or the intent to overthrow the government by violence. It doesn’t mention economic security.

The head of the spy agency has testified he doesn’t believe the protest met the definition of a national security threat under the CSIS act, but was told the Emergencies Act offered a broader definition of such threats.

Tamara Lich, front left, returns following a break as Prime Minister Justin Trudeau waits for questioning to start as he appears as a witnesses at the Public Order Emergency Commission in Ottawa, on Friday, Nov 25, 2022. (Sean Kilpatrick/The Canadian Press)

During her examination, commission lawyer Shantona Chaudhury suggested to Trudeau that the protests did “not constitute a threat to the security of Canada as defined in the CSIS Act.”

“As defined for the CSIS Act,” Trudeau responded.

“Those words in the CSIS Act are used for the purpose of CSIS determining that they have authority to act against an individual a group or a specific plot … for example.”

Trudeau said that cabinet — not CSIS — decides whether to invoke the Emergencies Act. 

 

Trudeau explains reasoning behind invoking Emergencies Act

Prime Minister Justin Trudeau told the Commission’s lawyer that the decision to invoke the Emergencies Act was taken based on the definition of it that states that there were ‘activities supporting the threats or acts of serious violence, threat of serious violence, for political or ideological goals.’

“The purpose of it for this project was to be able to give us in special temporary measures as defined in the Public Order emergency act. That would put an end to this national emergency,” he said.

“There was the use of children as human shields, deliberately. Which was a real concern both at the Ambassador Bridge and the fact that there were kids on Wellington Street, that people didn’t know what was in the trucks, whether it was kids, whether it was weapons, whether it was both.”

The government has claimed solicitor-client privilege to shield the legal advice it received on interpreting the Emergencies Act.

Trudeau said he is “serene and confident” in the choice he made to invoke the act.

CSIS didn’t have tools, mindset to deal with convoy: PM

In an interview with commission counsel in September, Trudeau said CSIS faced challenges during the convoy protests. A summary of that interview was made public Friday.

“He noted that CSIS does not necessarily have the right tools, mandate or even mindset to respond to the threat Canada faced at that moment,” said the summary.

“He noted that CSIS has a very specific mandate, and that when they are determining whether there is a threat to the security of Canada, they are doing so for the purpose of obtaining a warrant, wire tap, or to authorize an investigation of a specific target.”

CSIS’s key mandate is to investigate activities suspected of constituting threats to the security of the country and to report to the government of Canada.

Commissioner Paul Rouleau presides over the Public Order Emergency Commission in Ottawa, on Wednesday, Nov. 23, 2022. THE CANADIAN PRESS/Sean Kilpatrick (The Canadian Press)

“CSIS has been challenged in recent years by the threat of domestic terrorism, which it was not designed to address. He observed that CSIS is limited in its ability to conduct operations on Canadian soil or against Canadians,” said Trudeau’s interview summary.

Trudeau seized with ‘what if’ thoughts

In his September interview, Trudeau said the Incident Response Group, a special committee made up of cabinet ministers and security officials, mused about bringing in legislation to clear the crowds, but felt passing a bill through Parliament would take too long.

“For example, the IRG looked at the possibility of special legislation to compel tow truck drivers to fulfil their government contracts. Ultimately, it was determined that the legislative process (up to and including royal assent) would have taken weeks,” said the summary of Trudeau’s interview.

“Therefore, the IRG determined that if the police needed new legal authorities, the response would require the Emergencies Act’s invocation.”

 

Trudeau reflects on repercussions of not invoking Emergencies Act

 

Prime Minister Justin Trudeau explains the thought process behind signing the Emergencies Act into effect and the responsibilities that came with making that decision.

Trudeau testified Friday he had to pause a moment when his top public service adviser, Clerk of the Privy Council Janice Charette, sent him a memo advising him to invoke the act around 3:40 p.m. ET on Feb. 14.

“That was a moment that I took with the weight of the decision I was about to take,” he said.

Trudeau would tell the public he was going to invoke the act within the hour.

“What if the worst had happened in those following days? What if someone had gotten hurt?” he said. “What if a police officer had been put in a hospital? What if, when I had an opportunity to do something, I had waited?”

Trudeau’s testimony Friday marks the end of public hearing phase of the commission’s work.

Rouleau says writing report will be a challenge

The inquiry has heard testimony from dozens of witnesses, including Ottawa residents, local officials, police, protesters and senior federal ministers.

The inquiry has heard conflicting views from police and intelligence agency leaders about whether the Emergencies Act powers were needed.

Convoy participants were given a week to tell their side of the story.

Tamara Lich — perhaps the most recognizable of the convoy organizers — told the inquiry late Thursday that she joined the “Freedom Convoy” after failing to get a response from members of Parliament she emailed about ending COVID-19 restrictions.

After 31 days, 76 witnesses and more than 7,000 exhibits, the Emergencies Act inquiry now shifts gears. The commission is winding down its public hearings but will still hear opinions from academics and experts next week.

It’s will then be up to Commissioner Paul Rouleau to weigh the evidence as he drafts his final report, due to be tabled in Parliament in February.

“My difficult task is still in front of me,” said the Ontario Appeal Court justice.

“I’m not going to shy away. It’s very challenging to get this written. My hope is that once it is written and provided, there be enough there that even if you don’t agree with me, the facts will be there.”

 

What we’ve learned from the Emergencies Act inquiry so far

 

As the inquiry looking at the use of the Emergencies Act to end last winter’s convoy protests enters a critical phase, David Common looks at what we’ve learned so far about what happened and where things went wrong.

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Leclerc wins US Grand Prix and late penalty gives Verstappen 3rd place over Norris in title chase

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AUSTIN, Texas (AP) — Charles Leclerc earned Ferrari its first United States Grand Prix victory since 2018 with a clever start and a commanding drive Sunday, and Red Bull’s Max Verstappen strengthened his lead in the F1 season championship by finishing third ahead of McLaren’s Lando Norris.

Verstappen earned the podium only after Norris was given a five-second penalty for leaving the track to pass Verstappen in the final laps.

Verstappen immediately complained about the move, while Norris insisted Verstappen also left the track. Norris’ pass came after the two drivers had battled for the final podium spot and critical championship points over several laps and Verstappen had stubbornly refused to give ground.

The penalty and fourth place finish cost Norris valuable points in the title chase. Verstappen stretched his championship lead over Norris from 54 points to 57 with five grand prix and two sprint races left.

Leclerc earned his third win of the season and Ferrari pulled a 1-2 finish with his teammate Carlos Sainz in second. Kimi Raikkonen had been the last Ferrari winner at the Circuit of the Americas in 2018.

But the bigger battle was raging behind them as Verstappen and Norris fought over every inch of the final dozen laps.

Verstappen has not won a grand prix since June and Norris has steadily chipped away at his lead as the Red Bull car has faded. Yet Verstappen still stretched his lead by five points over the weekend by also winning Saturday’s sprint race.

Norris will leave Austin knowing he squandered a big chance to gain ground. He had even earned pole position for Sunday’s race.

Verstappen started right beside him, and it was their battle into the first turn that saw both cars run wide, leaving room for Leclerc to pounce on the opening.

The Ferrari driver jumped from fourth and straight into the lead.

Norris complained Verstappen forced him off the track at the start to begin a battle that would be fought over the entire race.

___

AP auto racing:

The Canadian Press. All rights reserved.



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Lowry, Appleton’s late goals lift Jets over Penguins 6-3; Winnipeg stays undefeated

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WINNIPEG – Adam Lowry and Mason Appleton scored a pair of quick third-period goals to help the Winnipeg Jets defeat the Pittsburgh Penguins 6-3 on Sunday to remain the only unbeaten NHL team.

The victory extended Winnipeg’s franchise-record, season-opening win streak to five games.

Kyle Connor, Mark Scheifele, Vladislav Namestnikov and Nino Niederreiter, into an empty net, also scored for Winnipeg (5-0-0).

Appleton added an assist. Nikolaj Ehlers, Colin Miller and Josh Morrissey each contributed two assists.

Pittsburgh (3-4-0) got a pair of goals from Lars Eller and one from Kevin Hayes.

It was a battle of backup goaltenders making their first starts of the season.

Eric Comrie made 39 saves for Winnipeg, while Alex Nedeljkovic stopped 31 shots for Pittsburgh.

Takeaways

Jets: Winnipeg is getting scoring from all lines and different players. Twelve players have goals this season.

Penguins: Pittsburgh’s question marks in net continued with the third different starter in as many games. Tristan Jarry (healthy scratch) had started last Wednesday’s game against Buffalo but was pulled in favour of rookie Joel Blomqvist, who got the nod to start Friday’s game versus Carolina. Nedeljkovic was called up from a conditioning stint in the AHL to start against the Jets.

Key moment

After Eller tied the game 3-3 at 1:39 of the third, Jets captain Lowry won the faceoff, then capitalized on a puck that bounced off Appleton to score for the 4-3 lead at 4:20. Appleton added his goal at 7:41.

Key stat

Connor has scored a goal in three straight games and is on a five-game point streak (four goals, one assist).

Up next

Jets: Head out on a three-game road trip, beginning Tuesday against the St. Louis Blues.

Penguins: Play the second game of a four-game road trip in Calgary Tuesday against the Flames.

This report by The Canadian Press was first published Oct. 20, 2024.

The Canadian Press. All rights reserved.



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Harris urges Black churchgoers in Georgia to head out to vote and gets an assist from Stevie Wonder

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JONESBORO, Ga. (AP) — Kamala Harris on Sunday summoned Black churchgoers to turn out at the polls and got a big assist from music legend Stevie Wonder, who rallied congregants with a rendition of Bob Marley’s “Redemption Song.”

Harris visited two Atlanta area churches as part of a nationwide push known as “souls to the polls.” It’s a mobilization effort led by the National Advisory Board of Black Faith Leaders, which is sending representatives across battleground states to encourage early voting.

After services, buses took congregants straight to early polling places.

At both churches, Harris delivered a message about kindness and lifting people up rather than insulting them, trying to set up an implicit contrast with Republican Donald Trump’s brash style. With just 16 days left until Election Day, Harris is running out of time to get across her message to a public still getting to know her after a truncated campaign.

“There is so much at stake right now,” she said at the Divine Faith Ministries International in Jonesboro. “We understand for us to do good works, it means to do it in the spirit of understanding that our strength is not based on who we beat down, as some would try to suggest. Our strength is based on who we lift up. And that spirit is very much at stake in these next 16 days.”

Wonder led the crowd in singing his version of “Happy Birthday” to the vice president, who turned 60 on Sunday. When he was done, she appeared to choke up, saying, “I love you so much.”

Wonder grinned and said “don’t cry” before telling the crowd how important it was for people to get out and vote.

“We’re going to make the difference between yesterday and tomorrow,” he said.

Harris later said that she “had to check off a whole big one” on her bucket list because of Wonder singing her a birthday song, which prompted the singer to spring up and lead the congregation in a quick verse of ”Higher Ground.”

Pastor Donald Battle said of the election: “Georgia’s gonna be the state that turns it for the vice president.”

“Souls to the Polls” as an idea traces back to the Civil Rights Movement. The Rev. George Lee, a Black entrepreneur from Mississippi, was killed by white supremacists in 1955 after he helped nearly 100 Black residents register to vote in the town of Belzoni. The cemetery where Lee is buried has served as a polling place.

Black church congregations across the country have undertaken get-out-the-vote campaigns for years. In part to counteract voter suppression tactics that date back to the Jim Crow era, early voting in the Black community is stressed from pulpits nearly as much as it is by candidates.

In Georgia, early voting began on Tuesday, and more than 310,000 people voted on that day, more than doubling the first-day total in 2020. A record 5 million people voted in the 2020 presidential election in Georgia.

Earlier Sunday, the Democratic presidential nominee attended New Birth Missionary Baptist Church in Stonecrest, where the congregation also sang “Happy Birthday.”

New Birth Pastor Jamal Bryant called the vice president “an American hero, the voice of the future” and “our fearless leader.” He also used his sermon to welcome the idea of America electing its first woman president, saying, “It takes a real man to support a real woman.”

“When Black women roll up their sleeves, then society has got to change,” Bryant said.

Harris referenced scripture as she promoted the importance of loving one’s neighbor, and then drew a contrast to the current political environment.

“In this moment, across our nation, what we do see are some who try to deepen division among us, spread hate, sow fear and cause chaos,” Harris told the congregation. “The true measure of the strength of a leader is based on who you lift up.”

One congregant who got a hug from Harris was 98-year-old Opal Lee, an activist who pushed to make Juneteenth a federally recognized holiday.

Harris is a Baptist. Her husband, Doug Emhoff, is Jewish. She has said she’s inspired by the work of the Rev. Martin Luther King Jr., and influenced by the religious traditions of her mother’s native India as well as the Black Church. Harris sang in the choir as a child at Twenty-Third Avenue Church of God in Oakland.

Her running mate, Minnesota Gov. Tim Walz, attended church in Saginaw, Michigan, and his wife, Gwen, headed to a service in Las Vegas.

Also Sunday, Harris sat for an interview with the Rev. Al Sharpton and was asked about the idea that she might see her support slipping among Black men — some of whom might be reluctant to vote for a woman for president. Former President Barack Obama suggested that might be an issue during a recent campaign stop for Harris in Pittsburgh.

Harris said she had garnered support from many key Black male leaders, adding, “there’s this narrative about what kind of support we are receiving from Black men that is just not panning out in reality.”

On Monday, she will campaign with former U.S. Rep. Liz Cheney, R-Wyo., in the suburbs of Pennsylvania, Michigan, and Wisconsin.



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