Hon. Elizabeth Marshall: Senator Gold, thank you very much for your opening remarks.

You were saying that the government is responsible for the security of the nation, but they went from tolerating the protesters over a three-week period to invoking the act. It was a big step. They went from doing practically nothing or what seems to be doing nothing to invoking the act. We all knew the protesters were coming. Probably in mid-January we were aware they were coming to Ottawa, and there was nothing really done.

These threats that you spoke about in your opening remarks, you said they were too numerous to mention and they didn’t happen overnight. You even said yourself that they were on their way for weeks, but it seems like nothing was done.

We have received general explanations as to the thought process that went into invoking the act. But this is a serious step that we’re contemplating here today. What exactly happened that the government decided to invoke the act? Did it seem like a good idea at the time? Did something specific happen? For three or four weeks, it seemed like there was nothing happening and we were just tolerating it. In interviews, ministers were just saying, “We want the protesters to go home.” So what happened? Be specific. I know you’re giving us generalities, and I think someone said earlier, “trust us, trust us.” What happened that made the government decide to invoke the Emergencies Act?

Senator Marshall: It wasn’t the tools that I was concerned about with regards to having the police come in and provide assistance. What I’m focused on is the intelligence. The convoy started around January 20 or January 23. Why didn’t the government know that there were threats then? If there are threats, why didn’t they know then? Why did it take until the middle of February to know that there were threats serious enough that they have to invoke the Emergencies Act? That is the question I would like to have answered.

Since it took them so long to figure it out, how much confidence can we have in regard to them invoking the act and also deciding when it should come to an end? Those are the concerns that I have. Could you address that issue with regard to the intelligence, the assessment of the threat and why the government appeared to be so late in assessing this monumental threat or numerous threats that they’re talking about?

Senator Gold: That is an assumption. With respect to Senator Marshall, that is not correct. It is not correct to assume the government was not aware of the threats or made aware of the threats, nor is it correct to assume that the government didn’t share its concerns about the threats. It’s equally clear — as we all know and as I stated in response to an earlier question — that I cannot and the government cannot and should not share the intelligence it may have received that helped inform their decision. That goes without saying.

Again, all of the circumstances, all of the successes, failures or actions taken that led us to this unfortunate place will and must be reviewed, and they will be reviewed under the terms of the act as is appropriate in a democratic country such as Canada.