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70 Crim. L.Q. 195 (2022)
The February Emergency: Intelligence, Policing and Governance Failures and the Future of Charter-Proofed Emergencies

handle is hein.journals/clwqrty70 and id is 207 raw text is: The Criminal Law Quarterly

Volume 70, Number 2                                May 2022
The February Emergency: Intelligence, Policing and
Governance Failures and the Future
of Charter-Proofed Emergencies
Kent Roach
Introduction
The three week occupation of downtown Ottawa by those opposed
to pandemic restrictions and the so-called freedom blockades at
various border crossings led to the federal government invoking the
Emergencies Actl on February 14, 2022.2 The next day, it proclaimed
in force two restrictive regulations, one prohibiting attendance or
travel to broadly defined prohibited assemblies3 and the other
imposing financial sanctions on those participating in the
assemblies.4 The government ended the emergency on February 23,
20225 after police had cleared the Ottawa occupation and the border
blockades had ended.
This special issue contains articles examining various aspects of the
emergency. This introductory article will suggest that the declaration
of the emergency may be related to intelligence failures in relation to
far-right violent extremism. It will also argue that the emergency
resulted from failures in planning and governance of the response of
the Ottawa police.
Although the February 2022 emergency and the government's
*   Faculty of Law, University of Toronto. I thank Michael Nesbitt for
discussing some of these topics with me.
1. R.S.C. 1985 (4th Supp.), c. 22.
2. PC 2022-0106 (Feb. 14, 2022).
3. Emergency Measures Regulations, SOR/2022-21 (Feb. 15, 2022).
4. Emergency Economic Measures Order, SOR/2022-22 (Feb 15, 2002).
5. PC 2022-0150 (Feb. 23, 2022).

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