Nov 14, 2022
Like all witnesses appearing before the commission David Vigneault, the director of the Canadian Security Intelligence Service (CSIS), sat for an interview with the inquiry's lawyers over the summer.
A summary of that conversation was shared with journalists Monday.
"Mr. Vigneault stated that at no point did the service assess that the protests in Ottawa or elsewhere [those referred to as the "Freedom Convoy" and related protests and blockades in January-February 2022] constituted a threat to security of Canada as defined by section 2 of the CSIS Act and that CSIS cannot investigate actively constituting lawful protest," reads the document...
In order to declare a public order emergency, the Emergencies Act requires that there be "an emergency that arises from threats to the security of Canada that are so serious as to be a national emergency" and defers to CSIS's definition of "threats to the security of Canada."
Vigneault told the commission lawyers he learned the Emergencies Act cited the CSIS Act once the government began to seriously consider invoking the legislation around Feb. 10-13.
"He requested that the service prepare a threat assessment on the risks associated with the invocation of the Emergencies Act," said Vigneault's interview summary.
"He felt an obligation to clearly convey the service's position that there did not exist a threat to the security of Canada as defined by the service's legal mandate."..
In his interview with commission lawyers, Vigneault also said that the threshold imposed by the CSIS Act is very specific.
"For example, the determination that something may not constitute a threat to national security under section 2 of the act does not preclude a determination that a national security threat under a broader definition, or from the perspective of the public, does exist," says the summary of Vigneault's interview...
"The cabinet is making that decision and their interpretation of the law is what governs here and the advice they get," said [ former deputy minister of Public Safety Rob] Stewart, who has since moved to another government department.
"And their decision was, evidently, the threshold was met."...
The day after the act was triggered, Public Safety Minister Marco Mendicino defended his government's decision on national security grounds, saying that several of the individuals involved in the blockade at the border crossing in Coutts, Alta. had "strong ties to a far-right extreme organization with leaders who are in Ottawa."
"You have the RCMP, you have CSIS, you have the entire intelligence apparatus in the federal government and none of them said that this threshold was met, did they?" Miller asked Stewart.
"They weren't asked," Stewart said...
"CSIS did not assess that any foreign states supported the protests through funding; that foreign states deployed covert or overt disinformation techniques; or that any foreign state actors attempted to enter into Canada to support the protests," said the summary of the inquiry's interviews with Vigneault and Tessier...
Stewart told the commission's lawyers that invoking the Emergencies Act became a real option around Feb. 11, before the blockades at border crossings in Windsor, Ont. and Coutts, Alta. were cleared.