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Doug Ford is the ‘Freedom Convoy’ report’s biggest loser 

Justice Paul Rouleau releases his report on the Liberal government's use of the Emergencies Act, in Ottawa, Friday, Feb.17, 2023. Photo by: The Canadian Press/Adrian Wyld

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This is the way the Freedom Convoy ends: not with a bang but a whimper.

On Friday, Justice Paul Rouleau released the long-awaited report of his Public Order Emergency Commission, one that tips the scales at five volumes and more than 2,000 pages. But those hoping it would indict the prime minister for his decision to invoke the Emergencies Act last February to clear out the protests occupying downtown Ottawa will be sorely disappointed. "I have concluded that in this case, the very high threshold for invocation was met,” Rouleau wrote.

While convoy advocates have repeatedly tried to suggest the protests were peaceful and friendly — after all, they say, there were bouncy castles and hot tubs! — Rouleau wasn’t buying it. "I do not accept the organizers' descriptions of the protest in Ottawa as lawful, calm, peaceful or something resembling a celebration," he wrote. "The bigger picture reveals that the situation in Ottawa was unsafe and chaotic."

He also didn’t accept the suggestion there was no real threat posed by the convoy’s occupation of downtown Ottawa. "In my view, there was credible and compelling information supporting a reasonable belief that the definition of a threat to the security of Canada was met," he wrote. "I have concluded that cabinet was reasonably concerned that the situation it was facing was worsening and at risk of becoming dangerous and unmanageable.”

None of this will matter to the true convoy diehards, who will simply write off his report as the work of a judge with long-standing Liberal ties. Nothing short of a full and unqualified condemnation of the prime minister — along with a directive that he resign immediately — would have satisfied them. And as I’ve written already, their movement is now beyond the reach of mere facts and evidence.

Justice Rouleau's report is clear: the federal government was justified in using the Emergencies Act to clear out the occupation of downtown Ottawa. But the subtext is even clearer: it had to use it because Doug Ford refused to do anything to help.

Pierre Poilievre, for his part, will find a way to pretend it never happened. He spent the duration of the inquiry hiding (wisely, it turns out) in the metaphorical bushes, and he will almost certainly stay there when it comes to this issue. Poilievre was conspicuously quiet on Twitter about the report’s release, preferring instead to focus on recent revelations of Chinese interference in the 2021 federal election. And while Justin Trudeau will surely be tempted to take a victory lap here, it’s unlikely that this moves the needle very much when it comes to his inevitable battle with Poilievre at the polls.

But if there’s one person whose fate could be materially impacted by the report, it’s Ontario Premier Doug Ford. Rouleau was unsparing in his criticism of Ford and his government, both for their unwillingness to show up during the convoy itself and their refusal to show up and testify at his inquiry last fall. “Given that the city and its police services were clearly overwhelmed, it was incumbent on the province to become visibly, publicly and wholeheartedly engaged from the outset,” Rouleau wrote. "I find the Province of Ontario's reluctance to become fully engaged in such efforts directed at resolving the situation in Ottawa troubling.”

For a premier already on the political ropes over his handling of the Greenbelt and what role his daughter’s pay-to-play “stag and doe” party may have had to do with it, this is a pounding he’s ill-prepared to take. At some point, depending on just how big this burgeoning scandal gets, Ford’s party might decide he’s more trouble than he’s worth.

Either way, his cowardice in the face of the convoy, along with his refusal to own up to it afterwards, is a reminder that provinces can’t always be counted on to defend the national interest. As such, the federal government should take Justice Rouleau up on some of his 56 recommendations, especially those suggesting the creation of a single national intelligence co-ordinator for major events that cross interprovincial borders, national standards for policing major events, and a federal department or agency that can monitor and report on what’s happening on social media.

It would be nice if our political leaders were able “to rise above politics and collaborate for the common good,” as Justice Rouleau wrote. And it would be nice if the Freedom Convoy leaders read the rest of his report and disseminated its conclusions to their followers. But if there’s one thing we learned during the last year, it’s that counting on people’s best behaviour is a good way to encourage their worst.

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