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Paul Rouleau
Paul Rouleau
Paul Rouleau
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Paul S. Rouleau is a justice of the Court of Appeal for Ontario, Canada. He was the commissioner of the Public Order Emergency Commission that conducted the Inquiry into Emergencies Act mandated by law to study and report on the circumstances that led to the invoking of the Emergencies Act on February 14, 2022 by the government of Prime Minister Justin Trudeau during the Canada convoy protests.[1]

Key Information

Education

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Rouleau received his Bachelor of Administration in 1974 and his LL.B in 1977, both from the University of Ottawa.[2] He received a Masters in Law from York University in 1984.[2]

Career

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Rouleau was a partner with the law firms Cassels Brock & Blackwell from his call to the Bar in 1979 to 1987, Genest Murray, DesBrisay, Lamek from 1987 to 2000, and Heenan Blaikie from 2000 to 2002.[2]

In 1983, Rouleau was part of John Turner’s campaign for leadership of the Liberal Party of Canada after Pierre Trudeau announced retirement. Contemporary media reports described him as either Turner's executive assistant or appointments secretary.[3][4]

Rouleau was appointed as a Justice of the Ontario Superior Court of Justice and to the Court of Appeal for Ontario in 2005.[5] He was appointed as a Deputy Judge of the Supreme Court of Yukon in 2014, Nunavut Court of Justice in 2017 and Supreme Court of the Northwest Territories in 2017.[5]

Since his appointments, Justice Rouleau has been involved in the continuing legal education of judges and lawyers.[2] He chairs the Ontario Attorney General’s Access to Justice in French Advisory Committee and serves on the board for the Law Commission of Ontario.[2] Rouleau was also a founding member of the Association des juristes d’expression française de l’Ontario and was its President from 1985 to 1987.[2] He has also served as Trustee of the Metropolitan Toronto Separate School Board from 1986 to 1991.[2]

He is the recipient of several awards and recognitions, including an Honorary Doctorate of Laws from York University and the Ordre des francophones d’Amérique, awarded by the Conseil supérieur de la langue française du Québec.[2] In 2005, he was inducted into the Common Law Honour Society of the University of Ottawa.[2]

Emergencies Act inquiry

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On April 25, 2022, Prime Minister Trudeau selected Rouleau to be the commissioner of the Public Order Emergency Commission inquiry into the invocation of the Emergencies Act, which had occurred in response to the 2022 Canada convoy protest.[6] In February 2023, on behalf of the commission, he concluded that the threshold for invocation of the Emergencies Act was met.[7]

Toronto Sun opinion columnist Lorne Gunter criticized the report's conclusion, and wrote that "Rouleau read into the Emergencies Act his own form of the Constitution's notwithstanding clause".[8] In another opinion column in the Toronto Sun, Brian Lilley noted that Rouleau had faced public allegations that he was Trudeau's uncle.[9] A fact check by CTV News discredited claims that Rouleau was related to Trudeau. CTV could not find records of donations from Rouleau to the Liberal Party, but did find that Rouleau's wife had, in fact, donated to the Liberals in 2006.[10] Lilley also pointed out Rouleau's deep ties to the Liberal party, adding "there is no clear indication that Justice Rouleau has had anything to do with Liberal Party politics in nearly a quarter century", but suggested that it would have been better to appoint "someone whose independence couldn't be questioned".[9]

References

[edit]
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Paul Rouleau

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from Grokipedia
Paul S. Rouleau is a Canadian serving as a of the since 2005. He earned a Bachelor of Administration in 1974 and a in 1977 from the , followed by articling and admission to the bar. Rouleau practiced law in before his judicial appointment to the of in 2002. Rouleau's most prominent role came in 2022 when he was appointed commissioner of the Public Order Emergency Commission (POEC) by the federal government to investigate the invocation of the during the nationwide trucker-led protests against mandates, known as the Freedom Convoy. Over seven months, the inquiry reviewed over 85,000 documents, heard from 139 witnesses including Prime Minister , and examined federal, provincial, and municipal responses to border blockades and occupations in and elsewhere. In his February 2023 final report, Rouleau concluded that the Act's invocation met legal thresholds and was justified as a proportional response to threats to safety and , despite his initial personal and acknowledgment that alternatives like improved police coordination might have mitigated the crisis. The findings drew praise from government officials for affirming the decision's reasonableness but faced criticism from participants, conservative commentators, and legal analysts who questioned the inquiry's independence given Rouleau's appointment by the executive branch under scrutiny and reliance on government-sourced amid claims of selective presentation. Rouleau recommended legislative clarifications to the Act, including decoupling its threat definition from the narrower CSIS framework, influencing subsequent federal reviews.

Early Life and Education

Academic Background

Paul Rouleau earned a Bachelor of Administration from the in 1974. He subsequently obtained a (LL.B.) from the same university in 1977. Rouleau completed his postgraduate studies with a (LL.M.) from the in 1981. These degrees provided the foundational for his subsequent career in law and the . Rouleau was called to the Bar in 1979 following his LL.B. from the in 1977. Shortly after , he worked in the office of Liberal Prime Minister before establishing his legal practice. He obtained a from in 1984, further developing his expertise. Throughout his pre-judicial career, Rouleau specialized in education law and , with a particular focus on advancing francophone in . He represented numerous francophone school boards in litigation, contributing significantly to legal recognitions of bilingual education rights under section 23 of the Canadian Charter of Rights and Freedoms. His work included advocacy for adequate funding and governance structures for French-language education, helping secure judicial precedents that affirmed these protections beyond mere tolerance by authorities. In the later stages of his practice, Rouleau served as a partner at the law firm from 2000 to 2002, where he was regarded as an expert in education-related matters. His professional efforts spanned over two decades, emphasizing constitutional challenges and minority language rights until his appointment to the Superior Court of Justice for in 2002.

Judicial Appointments and Service

Rouleau was appointed a Justice of the of in 2002. He was elevated to the on April 15, 2005. During his tenure on the , Rouleau presided over various civil and criminal matters, though specific high-profile cases from this period are not prominently documented in public records. On the Court of Appeal, he contributed to appellate decisions, including a 2012 unanimous panel ruling upholding a $470,000 award in a case involving employer liability. By October 2022, he had accumulated 17 years of service on the appellate bench, handling complex legal issues across jurisdictions. Rouleau also served as a deputy judge for territorial courts, including appointments to the in 2014 and the courts of appeal for and the . These roles extended his judicial service to northern Canadian jurisdictions, addressing appeals and matters in remote areas. His appellate experience emphasized procedural fairness and evidence-based reasoning in diverse case types, from criminal appeals to civil disputes.

Notable Pre-Inquiry Judicial Contributions

Prior to his appointment as commissioner of the Public Order Emergency Commission in April 2022, Justice Paul Rouleau served on the Ontario Superior Court of Justice from 2002 and was elevated to the in 2005, where he handled appeals in civil, commercial, and constitutional matters. His judicial tenure emphasized rigorous application of procedural and evidentiary standards, reflecting his prior expertise in civil litigation. Rouleau contributed significantly to judicial education, delivering lectures and training sessions for judges and lawyers on , , and , both within and internationally. These efforts aimed to enhance judicial competence in complex legal frameworks, drawing on his LL.M. in from the obtained in 1982. In October 2019, while sitting as a judge of the Federal Court, Rouleau ruled in a judicial discipline matter involving Justice Jacques Girouard, determining that the Judicial Council's recommendation to remove Girouard from the bench for alleged improper conduct during a 2012 hearing was reasonable and justified based on the of ethical breaches. This decision underscored Rouleau's role in upholding standards of judicial integrity, though subsequent appeals led to Girouard's partial reinstatement by the in 2021 on procedural grounds unrelated to the merits of the conduct findings.

Public Order Emergency Commission

Appointment and Mandate

On April 25, 2022, Prime Minister announced the establishment of the Public Order Emergency Commission through P.C. 2022-0392, appointing Paul S. Rouleau, a judge of the Ontario Superior Court of Justice, as its commissioner. The appointment fulfilled the statutory requirement under section 62 of the for a following the invocation and revocation of a public order emergency declaration, which had occurred from February 14 to February 23, 2022, in response to protests including the Freedom Convoy in and blockades at border crossings. The commission's mandate encompassed two primary components: an investigative examination of the factual basis and circumstances surrounding the emergency declaration, and a forward-looking policy review. Specifically, it was directed to assess the government's decision to invoke the , including the evolution of the protests, their funding sources, the role of and potential domestic or foreign interference, economic disruptions, and the coordination of police and responses. The inquiry was also tasked with evaluating the appropriateness, necessity, and effectiveness of the measures implemented under the Act, such as financial restrictions, asset freezes, and expanded powers for . In its policy dimension, the mandate required a review of the Emergencies Act's legislative and regulatory framework to identify potential gaps or improvements, including recommendations on whether amendments were needed to better address future threats to public order while respecting . The commissioner was instructed to produce a final report by February 20, 2023, which would be tabled in , with provisions for interim reports if deemed necessary. Rouleau was granted broad procedural authority to conduct hearings, summon witnesses, and compel document production, emphasizing an evidence-based approach to determine whether the invocation met the Act's thresholds for a "public order emergency."

Inquiry Proceedings

The Public Order Emergency Commission's public hearings commenced on October 13, 2022, at the Winifred Bambrick Room in , , operating on weekdays from 9:30 a.m. to 6:00 p.m. ET (or later as needed), excluding on November 11. These proceedings followed Commissioner Paul Rouleau's appointment on April 25, 2022, under a compressed 300-day mandate to deliver the final report, necessitating an accelerated schedule compared to prior Canadian public inquiries such as the bombing investigation, which spanned four years. The hearings consisted of two phases: a factual phase concluding on November 25, 2022, focused on evidence related to the events leading to and during the invocation of the from February 14 to 23, 2022; and a policy phase from November 28 to December 2, 2022, involving round-table discussions with experts on potential reforms to the Act. In total, the public hearings spanned 31 days, during which 76 witnesses provided testimony under questioning by commission counsel and parties with standing. Witnesses encompassed a range of stakeholders, including Chief Peter Sloly (who resigned amid the events), RCMP Commissioner , Superintendent Pat Abrams, CSIS Director , federal Cabinet ministers such as Public Safety Minister and Deputy Prime Minister , eight Cabinet ministers overall, civil servants, protest organizers, and municipal officials like Ottawa Police Services Board Chair Diane Deans. The policy phase featured 50 experts discussing thematic areas such as intelligence sharing, protection, and legal thresholds for emergency powers. Over 8,900 exhibits were entered into evidence, including approximately 7,000 documents such as internal emails, text messages, operational plans (e.g., daily advisories and traffic management proposals dated January 28, 2022), situational reports, legal opinions, RCMP briefings to ministers on January 26, 2022, and assessments of economic disruptions estimated at CAD$45 million per day by . Testimonies addressed police coordination challenges, delays, efforts with protesters via police liaison teams, on threats including a weapons cache discovered at the border blockade, and jurisdictional tensions among federal, provincial, and municipal authorities. Proceedings were live, with daily transcripts and schedules publicly available, facilitating transparency despite the expedited pace. Procedural hurdles included Ontario's denial of standing to the provincial and refusal by Doug Ford and Solicitor General Sylvia Jones to testify, citing , which limited evidence from that jurisdiction to about 1,000 documents voluntarily provided. privilege claims delayed some document releases, prompting later recommendations for streamlined processes in future inquiries. Cabinet confidences were waived for relevant records, enabling examination of federal decision-making, though the short duration of the (nine days) constrained deeper analysis of implementation effects. The commission interviewed 139 individuals overall, exceeding public hearing witnesses, to compile a comprehensive evidentiary record under the inquiry's statutory mandate.

Final Report Findings

The final report of the Public Order Emergency Commission, released on February 17, 2023, concluded that the federal government's invocation of the on February 14, 2022, was justified, as Cabinet possessed a reasonable —both subjective and objective—that a public order emergency existed under the Act's statutory criteria. Commissioner Rouleau stated, "I have concluded that the decision to invoke the was appropriate and proportionate," emphasizing that the situation constituted an urgent and critical circumstance of a temporary nature seriously endangering the lives, health, or safety of , which could not be effectively managed through existing laws or provincial resources. This assessment was based on evidence from 76 witnesses, 50 experts, and over 8,900 exhibits, highlighting the escalation from initial protests against mandates into entrenched blockades disrupting . The report identified the protests, particularly in and at border crossings like the , as posing multifaceted threats, including economic disruption equivalent to 0.1–0.2% of weekly GDP loss, with specific impacts such as CAD$45 million daily losses at the bridge—handling 24% of Canada's —and $150–210 million in broader shortfalls, alongside risks to supply chains for medical supplies and food. Security concerns encompassed ideologically motivated violent extremism (IMVE), with (CSIS) investigations noting fringe groups and militia-like entities such as , a weapons cache discovered in , and online rhetoric inciting violence, including assassination threats against officials and potential lone-wolf attacks. Rouleau found these elements, combined with illegal occupations and interference with critical , met the Act's threshold for threats aimed at achieving political, ideological, or religious objectives through or . Significant shortcomings were detailed in policing and intelligence responses, including the Ottawa Police Service's failure to develop an operational plan until February 13, 2022, dysfunctional command structures with multiple event commanders lacking continuity, and underutilization of police liaison teams intended for . Intelligence gaps persisted due to inadequate monitoring, staffing shortages, and CSIS's initial reluctance to classify the events as a threat, compounded by poor inter-agency sharing—such as undisseminated reports—and jurisdictional frictions between federal, provincial, and municipal forces. The report critiqued pre-invocation efforts as insufficient, noting that earlier political and enforcement actions had failed to prevent the situation from becoming unmanageable, though it affirmed that the Act's measures, once invoked, enabled effective resolution without dictatorial overreach. Among the report's 56 recommendations—spanning Volumes 1 and 3—key proposals addressed enhancing policing coordination in the National Capital Region, improving federal intelligence collection and digital monitoring capabilities, clarifying protections, and reforming threat assessment protocols to better identify IMVE and prevent similar escalations. These included modernizing legal frameworks for online and establishing unified command structures for multi-jurisdictional events, informed by the inquiry's analysis of systemic preparedness deficits.

Reception, Criticisms, and Impact

Government and Supporter Perspectives

The Canadian federal government endorsed Commissioner Paul Rouleau's February 17, 2023, conclusion that the invocation of the on February 14, 2022, met the "very high threshold" required under the , describing the decision as reasonable and consistent with the . stated that the report validated the government's actions amid the convoy protests, which involved blockades disrupting in and border crossings, leading to economic losses estimated at over $300 million daily in some sectors, and emphasized the need to learn from identified shortcomings in policing coordination. Public Safety Minister , in the government's March 6, 2024, response to the report's 33 recommendations, affirmed acceptance of all but one—rejecting a proposal to amend the Act to require parliamentary approval before revocation—while highlighting the inquiry's review of over 85,000 documents and 139 witness testimonies as evidence of a thorough validation of federal measures that restored public order within days of invocation. The response underscored that the Act's use addressed failures by provincial and municipal authorities to enforce laws effectively, including inadequate police preparation despite weeks of warnings about escalating disruptions from non-peaceful elements within the protests. Supporters, including Liberal Party officials and aligned provincial leaders, praised Rouleau's findings for affirming that the emergency powers—such as financial institution directives to freeze protest-related accounts and expanded police authorities—were "appropriate and effective" in ending occupations that threatened national security through coordinated resistance to lawful orders and potential for broader unrest. They argued the measures prevented escalation, citing intelligence reports of foreign funding and extremist involvement that amplified the blockades' impact on supply chains and public safety, while dismissing alternative policing strategies as unfeasible given documented breakdowns in command structures.

Criticisms from Convoy Participants and Opponents

Convoy organizer Tamara Lich described the February 17, 2023, release of Rouleau's final report as "a dark day for Canada," expressing disappointment that it upheld the federal government's invocation of the Emergencies Act despite what she viewed as the peaceful nature of the protests and undue government overreach, including bank account freezes without judicial oversight. Lich and other participants argued that the inquiry failed to sufficiently validate their grievances against COVID-19 mandates, portraying the convoy instead as a legitimate expression of frustration among working Canadians that escalated due to policing shortcomings rather than inherent illegality. Critics among convoy supporters, including figures like Pat King who testified during the proceedings, contended that the commission's structure and Rouleau's conclusions overlooked evidence of coordinated federal and provincial intelligence failures, such as inadequate threat assessments prior to the January 2022 Ottawa occupation, which they claimed justified a more critical assessment of the Act's necessity. They highlighted Rouleau's acknowledgment of media sensationalism and police missteps— including deficiencies in analysis—but faulted the report for ultimately deferring to cabinet's subjective belief in a "national emergency" without robust empirical thresholds for threats like economic disruption from border blockades. Political opponents, including Conservative Leader Pierre Poilievre, rejected the report's validation of the Emergencies Act as a predetermined outcome from a Trudeau-appointed commissioner, asserting that the measures targeted "peaceful protesters exercising their Charter rights" and exemplified divisive governance, with Poilievre emphasizing that Canadians recognized the invocation as unjustified given the protests' roots in mandate fatigue rather than insurrection. Poilievre maintained that alternatives like enhanced police coordination, which Rouleau himself critiqued as lacking, could have resolved the standoff without extraordinary powers, and he dismissed the inquiry's findings as overlooking the Act's "very high threshold" unmet by sporadic unlawful acts amid predominantly non-violent demonstrations. These detractors, drawing on testimony from over 80 witnesses including convoy representatives, argued the process afforded insufficient weight to interveners documenting financial harms from mandate enforcement, fueling perceptions of institutional bias toward executive authority. In Canadian Civil Liberties Association v. Canada (2024 FC 12), decided on January 23, 2024, Federal Court Justice Richard Mosley ruled that the invocation of the on February 14, 2022, was unreasonable and did not meet the statutory threshold of a "public order emergency" involving threats to the security of , as defined under section 16 of the Act. The court found that while the protests caused significant economic disruption—estimated at over $3.2 billion in trade losses from border blockades like the closure—these did not escalate to coordinated violence or threats beyond speculative risks, with evidence showing the blockades were dismantled without the Act's measures in some cases, such as Windsor. Additionally, the court held that financial measures, including the freezing of approximately 210 bank accounts totaling over $7.8 million without judicial oversight, violated section 8 of the Canadian Charter of Rights and Freedoms (unreasonable ) and section 2(b) (freedom of expression), though no violations were found under sections 2(c), 2(d), or 7. The ruling contrasted with Commissioner Paul Rouleau's February 17, 2023, report, which had affirmed the invocation's justification despite acknowledging the protests' largely non-violent nature and policing shortcomings; Mosley noted that the inquiry's findings did not bind and that the government's evidence failed to prove imminent, coordinated threats justifying extraordinary powers. The federal government filed a on February 2, 2024, arguing the decision overlooked the real-time context of sustained disruptions affecting ; as of October 2024, the Canadian Constitution Foundation intervened in support of the applicants, emphasizing the Act's high threshold to prevent overreach, with appellate proceedings ongoing into 2025. Empirical reassessments post-report have highlighted discrepancies in threat assessments, with data from logs indicating fewer than 50 arrests for serious offenses (mostly mischief or ) over three weeks, no firearms incidents, and noise/disturbance complaints comprising the bulk of over 1,000 calls, underscoring logistical rather than existential risks. Economic analyses confirmed short-term costs—such as $2.5 million daily in security and tourism losses—but revealed no evidence of prolonged GDP contraction or collapse post-clearance, challenging narratives of irreparable national harm. These findings, echoed in the Federal Court's scrutiny of reports showing fragmented protest elements without unified or escalation, suggest the Act's use prioritized political resolution over proportional response, prompting calls for legislative amendments to tighten invocation criteria. The government's May 6, 2024, response to Rouleau's 56 recommendations accepted most on and policing but deferred deeper empirical review of the Act's application amid ongoing litigation.

References

  1. https://www.ontariocourts.ca/coa/judges-of-the-court/
  2. https://publicorderemergencycommission.ca/about/the-commission/
  3. https://www.uottawa.ca/faculty-law/common-law/news/alumni-paul-s-rouleau-llb-77-appointed-lead-public-order-emergency-commission
  4. https://publicorderemergencycommission.ca/
  5. https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2024-pblc-rdr-mrgncy-rcmmndtns/index-en.aspx
  6. https://publicorderemergencycommission.ca/final-report/
  7. https://torontosun.com/opinion/columnists/gunter-report-on-use-of-emergencies-act-is-liberal-biased
  8. https://macdonaldlaurier.ca/rouleau-commission-recommendations/
  9. https://www.cbc.ca/news/politics/emergencies-act-federal-court-1.7091891
  10. https://www.pm.gc.ca/en/news/backgrounders/2022/04/25/honourable-paul-s-rouleau
  11. https://www.cbc.ca/news/politics/paul-rouleau-head-of-emergencies-act-inquiry-1.6616976
  12. https://www.canada.ca/en/news/archive/2005/04/ontario-judicial-appointment-announced.html
  13. https://www.ctvnews.ca/politics/article/fact-check-emergencies-act-inquiry-commissioner-not-related-to-justin-trudeau/
  14. https://agefo.ca/biographies/biographie-juge-paul-s-rouleau/
  15. https://onfr.tfo.org/le-juge-paul-rouleau-des-conseils-scolaires-a-la-commission-sur-letat-durgence/
  16. https://news.yorku.ca/2009/06/05/honorary-degrees-a-fitting-tribute-to-york-u-50th-anniversary/
  17. https://halifax.citynews.ca/2022/04/26/commissioner-for-emergencies-act-inquiry-thoughtful-and-decisive-colleagues-5302322/
  18. https://www.lawtimesnews.com/news/general/court-upholds-470k-award-for-workplace-related-assault/259680
  19. https://www.timescolonist.com/national-news/commissioner-for-emergencies-act-inquiry-thoughtful-and-decisive-colleagues-5302322
  20. https://globalnews.ca/news/6290187/supreme-court-federal-court-discipline-measures/
  21. https://www.pm.gc.ca/en/news/news-releases/2022/04/25/prime-minister-announces-public-order-emergency-commission-following
  22. https://publicorderemergencycommission.ca/documents/order-in-council/
  23. https://publicorderemergencycommission.ca/about/commission-mandate/
  24. https://publicorderemergencycommission.ca/public-hearings/
  25. https://publicorderemergencycommission.ca/files/documents/Final-Report/Vol-1-Report-of-the-Public-Inquiry-into-the-2022-Public-Order-Emergency.pdf
  26. https://publicorderemergencycommission.ca/news/public-hearings-start-thursday-october-13-2022/
  27. https://www.cbc.ca/news/politics/rouleau-trudeau-poilievre-wherry-1.6752996
  28. https://www.bbc.com/news/world-us-canada-64683747
  29. https://www.pm.gc.ca/en/news/statements/2023/02/17/statement-prime-minister-report-public-order-emergency-commission
  30. https://www.justice.gc.ca/eng/trans/bm-mb/other-autre/emergencies3-urgence3/remarks-ouverture.html
  31. https://www.canada.ca/en/public-safety-canada/news/2024/03/statement-from-minister-leblanc0.html
  32. https://tnc.news/2023/02/18/lich-ea-report/
  33. https://nationalpost.com/news/freedom-convoy-legitimate-emergency-act-report
  34. https://nationalpost.com/news/politics/emergencies-act-report-important-figures
  35. https://www.conservative.ca/justin-trudeau-will-never-stop-dividing-canadians/
  36. https://globalnews.ca/news/9493106/emergencies-act-inquiry-report-ramifications/
  37. https://globalnews.ca/news/10244673/emergencies-act-convoy-federal-court/
  38. https://tc.canada.ca/en/binder/16-economic-impact-blockades
  39. https://www.canadianlawyermag.com/news/opinion/rouleaus-emergencies-act-report-has-sharp-words-for-the-ottawa-police-service/373934
  40. https://theccf.ca/ccf-files-materials-in-appeal-of-decision-that-found-use-of-emergencies-act/
  41. https://www.torys.com/en/our-latest-thinking/publications/2024/01/federal-court-finds-emergencies-act-orders-exceed-governments-powers
  42. https://globalnews.ca/news/8602966/freedom-convoy-economic-impact/
  43. https://policyoptions.irpp.org/2023/05/ottawa-convoy-protest-rouleau-commission-report/
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