Diane Deans calling for police to use section 63 of the criminal code unlawful assembly to get a judge to declare under that section of the criminal code unlawful assembly which would allow for the mayor to declare a riot and then it would allow for the police to begin mass arrests. David White Reply : "There is no singular answer, from a policing or legal answer as to what levers we might pull or what orders we might obtain to bring this to an end. The work that my office is doing is all with a view of assisting and supporting the operational plans that are being put in place by Ottawa police and their law enforcement colleagues.
With respect to section 63 we have looked at that from our perspective and we have not been able to find any occasion where it has been invoked. Taking the steps of an injunction for example also bring certain challenges from an operational context and there are challenges that come from a legal context as well as you saw today with the effort to obtain an injunction in the class action that has been commenced.
The judge hearing that opined that he is not even sure how he would frame an order that would be effective and enforceable. These are all things that my office is examining and we will provide updates either through the police as those operational imperatives develop or through council. We certainly believe if there is an effective tool that can be deployed then that is something that we are looking at
Diane Deans
"Mr. White how long will it take because we are in such a crisis situation, I would think we would want to be in court today asking if we could use the criminal code section 63 to declare an unlawful assembly we need to get on with this now. So like I don't know what the legal road blocks are, I understand that you have to put a case together but this is an urgent situation so how long will it take to get to court to get a declaration that we need to arrest this situation. "
Mr. White
"Chair, wether the root to resolving this is one that ends with mass arrest is not a decision that my office can make as you can appreciate, as to wether that is a viable tool its a discussion that we have with our colleagues we are in contact with the chief legal council in that regard, if there is a view that these are an effective tools that can serve to bring this to a peaceful conclusion then those are certainly things we will pursue."
Diane Deans
"Would asking the mayor to declare a state of emergency have any immediate positive impact on this situation."
Mr. White
"Chair, from the standpoint of legal authority, the declaration of an emergency under the emergency management civil protection act; does little it may provide some relief from some of the structures that we operate under from a procurement standpoint but it does not imbue the mayor or the city with any legal authority there are provisions that the province declares an emergency. There are specific powers that exist in the premier and in the provincial cabinet but beyond the kind of symbolic value of the declaration of a state of emergency there is no additional authority that it would provide either to the city or the police. "
Diane Deans
"Mr.White 'Can you perhaps tell us who has the authority to declare a state emergency that will give us the tools that we need to bring this to a halt? Is it the province of Ontario is it the federal government under the emergencies act? Who is it? "
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