I suspect most people commenting haven't even read the act. It's actually very short and would take you less time than reading this article. One should entirely get hung up on the text of the act -- it outlines exactly what is possible and the consequences. It's actually very reasonable but point that out doesn't produce enough outrage up votes or get articles published.
I'm sure the rationale for why it's apparently Charter-compliant leans heavily on Section 1, but the courts have been far too generous in deferring to Parliament on use of Section 1 as a justification for "minor" infringements.
It has also never been invoked before, and hence has not withstood the scrutiny of a Charter challenge yet. It may not, in fact, be Charter-compliant.
Nothing is sacred or revered, to the extent that religion is being replaced by diy mysticism, ideology, politics, or Great Causes, be it climate or BLM or MAGA.
In my mind, the solution is cultural. We need shared values and deep understanding of the principles that govern our countries. We need good faith debate and review of outdated laws, revision or excision of bad ideas - racial language, weird moral errata, and finally a sufficiently detailed and rigorous regulation of novel technology that older concepts fail to account for.
Social media, adtech, and search engines aren't common carriers, but legislation shouldn't try to shoehorn regulation of platforms and communities into pre-internet legal paradigms. It's way past time for regulation and legislation of digital liberties.
The 2nd amendment in the US didn't account for nuclear weapons. The war on drugs and the current global legal system around drugs didn't account for human nature and civil liberty. Section 230 and phone companies and cable TV aren't concepts that map properly to the modern internet, and we'll probably see radical changes at an increasing rate. Nailing down basic things like digital privacy rights, penalizing surveillance, rewarding innovation and fixing patents and copyright are crucial, but apparently it doesn't test well, so nobody is fundraising for that platform.
Canada is not bad, but things can break down rapidly. Trudeau will fail on the side of authoritarian control, so any actual damage resulting from that should be fodder for debate on refining the system and protection from abuse. And if no damage is done, recognizing and reinforcing the fail-safe structures in government is probably necessary.
What a wild straw man argument. On the one hand, I generally agree with you. On the other hand, I am fairly confident I wouldn't trust anyone to decide for me what limits there are on "revision or excision of bad ideas".
So much of what you argue for relies on trust- trust that we are all working towards a common goal, primarily. However, there really doesn't seem to be a clear path forward when both sides assume the other side is arguing in bad faith.
I'm not aware of any military that deploys a precision marksman without a spotter. That makes a precision rifle a two-soldier job. .50 caliber machine gun? two, maybe three boots? Squads will have members with DMRs or LMGs but they aren't suitable for the same task -- they just extend the capabilities of the squad.
Extend that to thinks like fighter jets, nukes, comms, etc. etc. and the actual threat of any of those is drastically reduced outside the crazy people do crazy things category of events, and even then, you're going to need a big group of crazy people.
The replacement and actual threat already exists and was popularized in the Middle East in the 70s and arrived here in the 90s but it isn't sensational but I'm not confident I wouldn't end up on yet-another-watch-list by saying it explicitly. So, yay, freedom.
This is the mainstream prescription since there has been bellyaching about the woes of the age (i.e. forever, or provably, since the invention of writing).
One idea that I think is more interesting is Machievelli's - he pointed out that the Roman state was at its most dynamic and powerful when it was locked in permanent internal contradiction: between the landless and landed.
One can easily carry the analogy along. The 60's, in its time, was seen as a moment of social disintegration and civilizational collapse. In retrospect however, we can see that an america that had not had the 60's would be a scary, oppressive place, a perpetual 1955 of the human soul.
Or, to others, a nightmare.
Only one was an embarrassed Southerner. The rest were nonplussed or outright angry that the article and confessions were published. There are black people alive today who were alive then, it hasn’t been that long.
The 1950s were not nightmarish for anybody actually living in them. Racial minorities, though still mistreated, were mistreated a heck of a lot less than in decades prior and had much more economic opportunity though they were starting from lower on the ladder on average than white people.
That economic opportunity is what everyone wants back.
The fact that you can consider the 1950s in the US a "nightmarish historical moment" is nonsensical, to put it very, very charitably.
Well, you can go upthread and read about the lynching of Emmet Till, or familiarize yourself with any of the many ways in which the Jim Crow laws were formally and informally enforced. You can look at the photograph of Emmet Till, even, before or after he was lynched.
Maybe you have thicker skin than I, but I think living in a community where you could be brutally killed for any or no reason, and knowing that your killers would not be convicted, is a nightmare.
Funny you mention that. I was this >< close to preempting your comment by mentioning him but figured I'd give you the benefit of the doubt.
Ask yourself, why do you even know Till's name? Why did Till's killing spark national outrage when 20yr later that would have gotten barely a peep out of people? Because times changed and that kind of behavior was no longer excusable.
>but I think living in a community where you could be brutally killed for any or no reason...
Till was killed for violating social norms (that he presumably was not sufficiently aware of). His death was no different than that of a peasant 1000yr earlier killed for bad mouthing a local lord. It's tragic. But it wasn't without reason, though we may think the reason flimsy and disagreeable.
And this time I am going to head off the inevitable reply by pointing out that I am not defending or justifying Till's killers, just explaining the context.
Those who fail to understand history...
You are defending them; your 'context' is simply how these particular murderers justified their actions. The real context is that white people could kill black people with impunity. The context is not that black people kept on making mistakes.
People still felt the need to propose an anti-lynching law in 2020 [0] so maybe lynchings are an ongoing problem. There isn't anything to argue about without actual evidence.
[0] https://www.nbcnews.com/politics/congress/anti-lynching-bill...
This particular lynching was obviously not the only proof of this reality in the decade.
Given the frequency of folks literally marching around with Confederate and Nazi flags, you've overstated your case here. Perhaps that's what you want, but there's a significant movement in support of a white ethnostate. That movement has representation in the Republican party, and for example Tucker Carlson is wont to voice its talking points and his show is one of the most watched on cable TV.
Pretending that racism was just a blip in the past and not a present and ongoing problem, or ignoring it because it didn't impact your parents, is at best naive. The Emmet Till case was a stark reminder to Black Americans that their lives were worthless in the eyes of the law and the white citizens who had the power to change it. To call that event terrorizing is not remotely a stretch.
I doubt people in the '50s thought "we are evil and we enjoy being evil so we shall be evil". If you read contemporary magazines and newspapers they actually thought they were quite modern and progressive. And why not? 1955 was as modern in 1955 as 2022 is today. It's only in retrospect that it looks backward and barbaric.
Many things that were seen as modern and progressive then are looked on in horror now (lobotomy, gay conversion therapy, insulin coma therapy, using asbestos in cigarette filters, segregation, redlining, anti-miscegenation laws, blacklisting communists, anti-sodomy laws, many others).
What will the list of "Oh my god can you even BELIEVE people did that?" look like in a couple of generations? I've got some ideas but they're almost certainly wrong because I can't see the future any more clearly than the 1950s people could. I would however bet my life savings that some of the values held by all right thinking decent people now will be seen as abhorrent in 70 years. I just can't tell you which ones. Conversely some things seen as shocking now, stuff that will get you ostracized from polite society, will be believed by all right thinking decent people in 2092. Again I can't tell you which ones (nor do I think it will even be related to race, disability, or LGBTQ+). But this does seem to be the pattern.
To be clear I am not saying consensus views were more right then, or that we are wrong now, or that I wish X, Y, or Z thing would make a comeback. I'm just saying I don't think we've finished history yet and we should wait till history is over before patting ourselves on the back.
Populism is democracy. That's what anti-populists hate about it: the idea that a simple majority can get its way.
Wrong. A democracy, at least a functioning and legitimate one, is not judged by enacting the will of the majority, but by protecting the rights of the minority.
Something to the effect of "Democracy is the idea that the common man knows what he wants, and deserves to get it, good and hard."
If a group of people, in a free and fair election, decide to elect in radical, repressive Islamists, is that not democracy functioning as intended?
Allowing everyone else to participate and weigh the totality of needs and wants is what makes democracy different.
Same misconception about what armed and regulated militia is. Its' Federal commanded state national guard units not individuals.
The principles don't have to be mine, and they don't need to be political, even. It's even possible with something silly... "America has the best fucking apples on the planet, and we're goddamn proud of that. Everything we strive and suffer for is for the best goddamn apple pie in human history, and if you wanna take that, you can pry it from our cold dead hands. "
Right now, we're socially fractured in every way possible to fracture under the threshold of combat, and even that is failing in some places.
We better figure out what it means to be American before there's no point to it, or before it fails so badly that continuing as an American means fatally corrupting any principles or ideals we claim to hold.
There are ideas for seasteads and crypto-nations that I find compelling, but I'm not a utopian. I think the Constitution is something admirable and the ideals are structurally important for any notion of liberty going forward in history. I hope that America finds its way back to some sort of cohesion but I don't see any paths toward anything resembling unity.
That feels accurate. The next question then becomes, how will that play and/or be exploited in the USA, it's neighbor.
Let's, for a moment, presume there are entities within the USA that would welcome the opportunity. Now back to Canada...how much outside (i.e., USA based) influence is being exerted on the situation in Canada to tilt things towards the authoritarian?
This isn't a conspiracy theory. It's a simple extrapolation of history. Let's not be naive.
I think this feels "new" to Americans because it's on our border, and because Canada looks more like the US and is assumed to be more stable and less prone to authoritarian emergency measures than e.g. Venezuela or Argentina. But similarly extreme and extra-judicial banking controls have been implemented by other governments in the hemisphere when authoritarian left-wing parties in power feel threatened by right-wing populist movements they believe are at least partly sponsored by America.
Why? Canada already has a strong conservative movement, and NAFTA makes it damn easy for US-based companies to do as they please.
This reeks of the same forces that got Trump elected. Which would be a mix of billionaires, Russian money, and anyone who has an axe to grind against Canada, e.g. China (for the Huawei, et al, conflicts).
It's difficult to understand where the legit events ends and the outside influence begins. That's not a conspiracy theory. It's simply how these things work, with so many chef's in the kitchen (and that in general, the media can't be trusted).
It's complicated.
You could have provided a helpful link to said act. I would like to read it.
Although I do want to comment on the 30 days thing - this protest isn't that special. If a majority of politicians think it is appropriate to freeze people out of the banking system now, why will they have changed their mind in 30 days? This is going to be a routine response.
The specifics aren't exactly new (governments have been able to go after bank accounts for a long time) but the idea that it can be done on a mass scale is one of the most powerful arguments for crypto that I've ever seen. There is now a risk of being debanked for having the wrong sort of political opinions! These tactics are a horrific assault on the principles of liberty.
It isn't really the crux of the argument, but there are already concerning stories of it being abused [0]. Given the trend of dehumanising political opponents, it is easy how stories like this become less of a 1-off and people would still be making positive murmurings.
[0] https://bc.ctvnews.ca/social-media-post-from-b-c-politician-...
Not a risk, a reality.
So now the shoe is firmly on the other foot, and I can't help but wonder if folks will finally realize that disruptive protests are a necessary component of democracy, or if we're just going to keep going in circles because the entrenched politicians stay in power when their voter bases are at eachothers' throats.
It's so much more exciting to believe the government is freezing the accounts of political opponents than the boring facts about how crowd funding hasn't been subject to normal anti-fraud and anti-terrorism regulations.
The greatest concerns seem to be from Americans and this is particularly bad on Reddit, where the Canadian subreddit has been captured by right-leaning Americans mainly.
Let's be clear: there is no legal justification for using the emergencies act.
The broad powers the government has granted to police curtail Charter rights across the country.
This risk of abuse is high.
The emergency declaration should be immediately revoked.
The act was passed specifically to curtail charter abuses from the previous bill and in the end, still answers to the charter.
"Fully 61 percent of Americans said they approve of renewing the Patriot Act's provisions to allow for continued collection of phone data, according to a CNN/ORC poll released Monday, which had a margin of error of plus or minus 3 percentage points."
https://www.npr.org/sections/itsallpolitics/2015/06/01/41123...
>The greatest concerns seem to be from Americans and this is particularly bad on Reddit, where the Canadian subreddit has been captured by right-leaning Americans mainly.
Source for this?
I suspect Canadians aren't concerned because for the most part Canadians have lived a very comfortable existence for a very long time due to the nature of our geopolitical privileges. I think the hyperbole tossed around regarding the convoy and blockade illustrate this.
The governments actions meet at least 2/3 and most Canadians would say 3/3 of the main Canadian values.
I think Canadians have more faith in our institutions, particularly the courts, to remain apolitical.
Speak for yourself. Also consider that an estimated 9% of all Canadians live abroad (mostly in the US and Europe), including up to 25% of professionals in certain industries (doctors, for example, and I'm sure tech is up there too).
Lots of Canadians don't have faith in our institutions. Unfortunately, moving away is easier than changing the docile Canadian mentality and is a better individual choice.
Edit - and for comparison purposes around 1.7% of Americans live abroad.
I was speaking for myself, as I see it, as are you. Note that I was one of the 9% living abroad for ~3 years.
> the docile Canadian mentality
I rather disagree with this supposed generalization
> moving away is [..] a better individual choice
Yes, for those who are more professionally desirable (doctors, tech, other professionals as you mention), moving to the US in particular is the "better individual choice", in that you can earn a better living. I certainly could, but I prefer to live here with my fellow docile Canadians.
I'm one of that 9% and I can tell you that you couldn't be further from the truth.
Most Canadians I imagine live abroad for economic reasons. But that in itself is a failure of our institutions; an economy is a reflection of the set of rules created by the government.
Anyhow, some examples:
- Police, it's obvious they can't do their jobs. Between inability to clear protests, all our cities being taken over by crackheads, it's failed.
- Courts: basically catch and release. Murder regularly gets plead down to manslaughter with pathetic sentences
- Municipalities: make starting a physical business damn near impossible. Tons of red tape and random fees, then you get taxed to hell because homeowners can't possibly pay for their share...
- Healthcare: it's a joke. Worst of any country in our income bracket yet Canadians inexplicably think it's not shit.
- Bank of Canada: literally went out and said they're propping up house prices
- Feds: literally said they are bringing in immigrants to reduce wage inflation ie. Prevent wage growth. Trudeau senior capped wage increases for awhile while in power...
Tons more examples of failed institutions in this country...
So tell me, why don't you live in Canada?
I'll be back ... None of the issues you listed stand out at all to someone born in Canada but who has lived in 5 countries (mix of very rich, middle income and poor). Ok, I admit the housing price situation bothers me.
But in this case they're freezing bank accounts without even going through the courts.
And the emergencies act is being challenged in court, which will determine if this is lawful.
Banks are private entities. They freeze accounts engaged in illegal activities regularly. The US does too - here's one random citation. [1]
[1] https://www.kqed.org/news/11899955/when-banks-turned-their-b...
The difference is that in liberal democracies, the executive branches has to convince a court before they can act. eg. getting a warrant before doing a search, or getting a conviction before imprisoning someone. The approach of "shoot first, you can sue us in court later" makes a mockery of this.
>Banks are private entities. They freeze accounts engaged in illegal activities regularly. The US does too - here's one random citation. [1]
They're both bad. This is just slightly worse because the government is directing businesses into targeting their political enemies.
Uh no, not really. I'm going to presume you're comparing with the US. Do you forget that the US kidnapped, imprisoned and murdered random people, including American citizens without any judicial oversight? Not to mention sweeping surveillance with laughable pretense of judicial oversight ( FISA courts)?
Executive branches have lots of power, and that power is controlled via checks and balances, the judicial and legislative branches ( in many countries the executive branch' power comes from the legislative and is directly beholden to it ( where PMs are sitting MPs)).
And? That's just as bad. I'm saying canada's actions are bad because they go against how liberal democracies should work, not against how the US works in practice
>Executive branches have lots of power
That's exactly why I'm concerned.
>and that power is controlled via checks and balances, the judicial and legislative branches ( in many countries the executive branch' power comes from the legislative and is directly beholden to it ( where PMs are sitting MPs)).
And 9/11 in the US shows how easily the populace can be convinced to abandon those liberal democracy ideals given a threat.
What stood out the most about these protests, vs most other large protests in recent Canadian history, is how many warnings the participants received. They were told time and time and time again by every party involved that their conduct was illegal - from the police as well as from municipal, provincial, and federal level. They were even given a court injunction against certain specific actions (horn honking), which was largely ignored after the first 24 hrs. They were engaged in illegal activities for weeks before this action was taken.
Yes, it does. The donations were specifically to fund an activity that had been deemed illegal. Similar to the other things tracked by FINTRAC.
I have seen only one claim of a donor being targeted, and quite frankly, I didn't trust the source, but it is possible. The RCMP issued a statement [1] yesterday clarifying that the only information they had provided to banks was regarding organizers and trucks blocking the street (both groups were made explicitly aware that their behaviour was illegal and would have consequences).
[1] https://blockade.rcmp.ca/news-nouvelles/ncr-rcn211130-s-d-en...
They are fully welcome to protest peacefully, on foot, in front of parliament like everyone else.
So were rapists and murderers, but even they have a right to a fair trial.
[1] https://en.wikipedia.org/wiki/Financial_Transactions_and_Rep...
Much like how taking someone's car, even if you plan to give it back one day, maybe, if you think they deserve it, is still theft.
Because banks do it under duress, it's really the government that is doing this, not the bank itself.
The courts now get to play a role. https://calgaryherald.com/news/local-news/kenney-to-launch-l...
The outcome of those deliberations will be to some extent obscure and subject to yet further interpretation and arguments.
That doesn't in, and of itself, make democracy stronger.
I would argue that the use of this Act has already weakened democracy in Canada because it shows that the only response the political systems has to a very minor disruption is to use acts that everyone understood to be for much more extreme situations.
This has already deepened many people's cynicism about the idea of this form of government.
Certainly the act was used in response to weaknesses in the system - eg the Ottawa Police Service were unwilling to fine/ticket/otherwise deal with the illegal activity for weeks; crowdfunding sites weren't subject to FINTRAC; etc. Ideally this will lead to proper legislation regarding these weaknesses, removing the necessity of using the Emergencies Act to deal with a similar situation again.
I would argue that laws only mean what they are interpreted to mean by a particular governmental body at a particular time.
And you can in addition have a coherent, clear and easily interpretable body of laws and measures which result in a society which lacks many of the features of what people like to imagine is a "democracy".
I would like to protect our constitutional rights, but I feel that Canada is too far gone.
Our prime minister called the protesters racists, declare emergency act, froze bank accounts of people who donated.
I am thinking about moving out.
If I had access to my laptop I'd locate the video (self-filmed) where Pat King discusses this exact topic. Someone may be able to find this for us.
Edit: found with great difficulty on my phone - https://mobile.twitter.com/VestsCanada/status/11779958944085...
Ultimately the true test for the existence of guaranteed rights is if those who you and the majority of people absolutely hate and despise have their rights guaranteed and protected in the same way and with the same vehemence as those of the average Joe.
A right lives and dies by our willingness to protect it for those who we hate.
If they were planning an attack on a group of people based on their race it would qualify, but that’s far from this.
You can be against immigration (to protect your culture, the gains of your country) without being against individual of any race.
Much of the dysfunction of the USA partly comes from it's size and it's economic, climatic & historical diversity compared to Canada. Canada is significantly smaller economically, historically and population wise. It is also a country that has had consistently cold winters, which creates cultural values that forces you to save for the winter, which makes everyone work better together, which is something you see similar with Scandinavian countries [0].
The USA has many climates that make fairly different cultures in subtle ways. Canada works better because it's smaller and accidents of history, not because they don't have free speech. Canada is more american than they feel comfortable with, and this creates a unease that makes them feel like they need to differentiate themselves on minor difference, much like two twins.
[0] If your wondering why russia doesn't work like scandinavia, one reason why is hundreds of years of brutal mongolian rule, while scandinanvia avoided that trauma.
"Most Canadians" likely could not care less about things that does not affect them directly. And the opinions of the ones who do are most likely split in very different proportions contrary to your claim.
But yes, tiresome to see people trying to claim that they know the mind of the people.
We`ll see next elections: I bet Conservatives will do well and the Liberals will decline and the NDP will be wiped out. Jagmeet Singh has managed to extract the worst possible position from this.
Trudeau is not making friends, but given a lack of strong leadership from any other party, you may not see them able to pull any more support out. The only poll that matters is the election and it's probably fair to say we don't know what will happen.
The protests may be a distant memory by then. And if one of the parties gets a handle on housing prices, that could swing things.
I guess it's just natural for canadians to have this weird smug inferiority complex towards the US but you have to remember that our government admitted to committing a genocide (still ongoing) barely 2 years ago. Also on average even a majority government rarely gets more than 34% of the total votes. But I'm legimately curious as to what parts of our system you see as being so healthy?
Btw saying that the majority of canadians are not concerned at all about setting the precedent of suspending charter rights over a protest is just a complete self own if it was true and I don't think it is. Well at least I hope it isn't
There was an article in the Montreal Gazette this January that was very earnest, but if you read it with a critical outside perspective, it's absolutely ludicrous:
https://montrealgazette.com/news/local-news/josh-freed-flori...
So this guy fled Quebec's corona restrictions for a vacation in Florida, and describes this experience while constantly complaining how Floridians are ignoring corona, and putting in a bunch of digs at the US healthcare system.
But at the same time, why did he go to Florida if everything is so terrible there? And if Canada's healthcare is so great, why was his pre-departure corona test that he needed to take before being let back in to Canada, free and easy to get in Florida? And why was the post-arrival test he needed to do in Quebec, expensive and hard to get?
The amount of Stockholm syndrome and "Canadian apologetics" is completely off-the-charts. I simply cannot understand how you can write an article like this in the first place, it's absolutely deranged.
(The height of irony, of course, is that at the time of the article's publishing, the daily death rate in Quebec was twice as high as the one in Florida.)
Also I totally agree on the canadian apologetics. It's really up there with some of the worst. A part from maybe the cognitive dissonance I've seen with Europeans grandstanding on racism in the USA (but don't talk to them about the Roma or moroccans or Muslims or albanians or... etc though, its different & they have totally valid reasons to hate them!).
This is the country that freelyadmitted to a genocide (and a currently occuring one at that) which caused just a bit of controversy, which I guess is good right if we are the worlds first to self declare a genocide? Except that we just... didn't do anything about it. Like we recognized it and flew the flags down for a bit, and that's all you need for a currently occuring genocide. The real debate is obviously talking about how bad american society is at dealing with race relations. 4 years later and the genocide is apparenly still ongoing and no on in government has been prosecuted or penalized, or even lost a siege in parliement over it.
It's one of the less charming facets of Canadian culture.
I think this bears repeating. Especially when one of the protest organizers tried to cite their "first amendment rights" in court: https://www.cbc.ca/news/canada/ottawa/tamara-lich-bail-heari...
And it is unfortunate that many Canadians do not understand that they are living in a state in which the parliament can be suspended by the unelected representative of the Queen (prorogation -- the same issue that led to Australia deciding they wanted to change their constitution) and that the not withstanding clause makes a mockery of the Charter.
Hopefully this wakes a few people up and gives some new impetus to the reform movements.
We as Canadians don't want to give the government these powers all the time, so that's why we have an escape hatch here to maintain our democracy. It is a great approach and many of us are proud of it.
In practice, the government simply kept voting to extend its emergency powers until it passed a piece of legistlation that allowed it to keep the relevant powers from the emergencies act indefinitely.
The only reason it's ongoing is because NDP hesitantly voted to extend it too.
So in actual reality those state of emergency powers to compel lockdowns, quarantine people and compel business to shut were NOT extended indefinitely, the government wrote them into legislation designed to cope with the current situation, and specified that they could only be used in a pandemic situation and NOT indefinitely.
Yes before you say it the government could amend the bill again before the state of pandemic is declared over, or pass more draconian legislation or try and do anything it feels like. In the end it comes down to if you think the government is acting in good faith to do what is best for the population or not, and I can't think of much evidence they are actually acting in bad faith or otherwise misusing their powers.
The situation in Canada is not the same, I very much do not like the idea of freezing people's bank accounts without oversight or recourse.
You could say the same about the PATRIOT act, which has been around for a little under 2 decades.
It also started expiring (in sections) in 2005, with more and more being sunset through the last 2020 window. I'm not actually sure how many of it's provisions still stand, but they are a much smaller subset than the massive umbrella of powers initially approved in 2001.
It's a harder sell with a small group of noisy Peterbilt drivers in a 30 day window.
I'd be curious as to how many of those powers simply got spun out into other covering legislation/banking law. I suspect quite a few.
Particularly in the freezing of suspicious funds, AML/KYC, banking secrecy, etc. If anything I think we've ramped up the regulation and lack of due process to 11 more than de-escalated.
The only party against it was Conservatives and I believe Bloc Quebcios.
In fact I would prefer parliaments to be elected by citizen lottery and do away with all the political class at every level.
Imo, the government must provide instructions for how to legally protest in Ottawa.
(No I don't support the illegal activities. But the government in stopping illegal activities is also preventing peaceful protests.)
The big hoopla down on Wellington _was_ breaking _many_ laws. The municipality was unable to disperse it with the resources at hand, and so voila, emergencies act.
Many of the more hardcore members of the convoy have moved just outside of town to Arnprior and a nearby truckstop. [2][3]
[1] https://twitter.com/RevengeBunny/status/1495677761578536960 [2] https://twitter.com/davidakin/status/1495847634321514498?s=2... [3] https://twitter.com/Gray_Mackenzie/status/149549454587381761...
It's not typically expected that you commit crimes in the name of a cause and then just go home and live your life normally.
> 15.2. No one shall be arbitrarily deprived of his property.
People who donated had all their money confiscated by Castro.
This is the expected behaviour and boon of having minority governments. When the government does something Canada doesn't like, a new election gets called
https://en.wikipedia.org/wiki/List_of_national_emergencies_i...
This is to say that 'states of emergency' can be renewed..... forever....
“ Under the Emergencies Act, a declaration of an emergency by the Cabinet must be reviewed by Parliament.[33] Any temporary laws made under the act are subject to the Canadian Charter of Rights and Freedoms and the Bill of Rights, and must have regard to the International Covenant on Civil and Political Rights.”
The joys of having a "living constitution" where nothing is really set in stone and almost every right in the charter of rights can be just essentially ignored because of the very first section of said charter.
I guess it's a race to the bottom and impossible to prevent coercion. I just wish there was a better way.
https://www.theglobeandmail.com/news/politics/conservative-m...
But Michael Chong did get a bill through reminding MPs they can turf their leader, and it just got exercised for the first time. And some parts of the Conservative party are aghast that the lowly representatives of people overturned the will of the party.
...and yet still subject to the constitution.
See https://laws-lois.justice.gc.ca/eng/acts/c-12.3/FullText.htm...
“Recognition and declaration of rights and freedoms
1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
(b) the right of the individual to equality before the law and the protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and association; and
(f) freedom of the press.”
>Although the Bill of Rights remains in effect, many of its provisions were superseded by the Canadian Charter of Rights and Freedoms in 1982. And unlike the Bill of Rights, the Charter is part of the Constitution — the highest law of the land.
>The Charter can be limited by the notwithstanding clause, also known as the override clause. Section 33 permits federal, provincial and territorial governments to temporarily bypass Charter rights in section 2 and sections 7 to 15.
Section 1 (probably what would make almost any emergency measure stand in court since "reasonable limits" is almost always judged in favor of what the state deems is reasonable) says:
>1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society
Section 33 (Not-withstanding clause, not used in this case but just goes to show how worthless the charter is as a bill of rights) :
>33. Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 [those sections make up for most of the core basic human rights]
Since 1982, and part of our constitution: https://laws-lois.justice.gc.ca/eng/const/page-12.html
From the accounts I've heard, I can't really tell what the protestors were hoping to realistically accomplish. Pissing off a whole city for a whole month doesn't exactly have a great track record with regards to swaying policy.
According to polls, most canadians opposed the protest. That doesn't mean they necessarily have an opinion on whether invoking of the act was appropriate or not. I think most canadians are sensible enough to let the lawyers figure that out than adding noise via their uninformed hot takes. My personal take is that canadians as a society just don't like gratuitously loud whining and would much rather get back to peacefulness.
I think the police response speaks volumes about canadian values and what they represent, regardless of what laws say on paper: some people actually criticized the police response for being too "soft" on protesters but it was a good example that canadian police always prioritizes de-escalation[0]. They focused on reducing the risk of violence from breaking out even if it meant standing down; and arrests were largely related to dangerous threats (e.g. weapons) or gross disregard for public peace/safety.
People keep making parallels to US politics, but one big difference is that Canadians just aren't as polarized as to disagree on core principles, i.e. there's much less inclination for political parties to double down into increasingly polarized, extremist tribes. So even if it turns out that invoking the Emergencies Act was a bad call this time, it doesn't necessarily follow that Canada will devolve into a tyranny.
[0] https://www.nationalobserver.com/2022/02/01/news/ottawa-offi...
The question in some minds will be ensuring if existing tools and capabilities are not used, including existing enforcement of laws, what is the point of creating new ones? Any holes in today's legislation might have been the rushed legislation of the past.
What played out last night indicates that none of these checks and balances really matter in a parliamentary system where the nuclear option of a non-confidence vote (and subsequent election) can be invoked to force any MPs with qualms to vote along party lines.
It's easy to see what will happen next, based on this government's track record: they will introduce amendments to the Act, or new legislation containing only the provisions they would like to make permanent, and once again proclaim that voting against the amendment will result in a new election.
They will probably also use it as an excuse to ram through their "Online Harms Bill", i.e. internet censorship, targeted at "misinformation" (disagreeable speech) and, many suspect, independent media outlets that the PM despises.
Internet censorship + government-directed financial de-platforming = Canada's near-term future if the situation doesn't change somehow.