UPDATE: Lametti began preparing for use of Emergencies Act several days into convoy’s arrival

A public inquiry into the federal government’s use of the Emergencies Act during the 'Freedom Convoy' protests has learned that Justice Minister David Lametti raised the idea of using the legislation several days after the protests began in Ottawa.

Lametti testified that staff in his department began thinking about the possibility of using the legislation in late January.

He says he raised the idea to be “prudent” and ensure the government was prepared for whatever action it might decide to take to deal with the blockades.

Before his testimony began, a lawyer for the federal government cautioned that Lametti would be limited in what evidence he can provide because he is also the attorney general and the government has not waived solicitor-client privilege.

Lametti said the same when he provided testimony before a parliamentary committee that is also investigating the government’s decision to use the Emergencies Act.

A summary of an interview Lametti gave to the commission before his testimony shows that he said he could not divulge what kind of legal analysis the federal cabinet relied on to invoke the act because of solicitor-client privilege.

Defence Minister Anita Anand and Transport Minister Omar Alghabra are on the witness list as the inquiry digs into Ottawa’s decision to invoke the Emergencies Act in response to the weeks-long demonstrations.

Anand is likely to face questions about Alberta’s request for help from the Canadian Armed Forces to handle a border blockade in Coutts, though the military was not brought in as part of the emergency powers.

Alghabra, whose testimony is expected last, is likely to be asked about the economic costs of border blockades, since his department was the one to calculate the $3.9-billion cost of border shutdowns.

The Public Order Emergency Commission is in its sixth and final week of public hearings, with Prime Minister Justin Trudeau expected to testify on the final day of proceedings Friday and a final report to be delivered to Parliament by early next year.

This report by The Canadian Press was first published Nov. 23, 2022.