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Re:Convoy Crackdown – power to freeze bank accounts without ... by gruez on Tuesday February 22, 2022 @03:58PM (#30433665)
>I think Canadians have more faith in our institutions, particularly the courts, to remain apolitical.

But in this case they're freezing bank accounts without even going through the courts.

Re:Convoy Crackdown – power to freeze bank accounts without ... by SECProto on Tuesday February 22, 2022 @04:02PM (#30433749)
> 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...

Re:Convoy Crackdown – power to freeze bank accounts without ... by gruez on Tuesday February 22, 2022 @04:21PM (#30434006)
>And the emergencies act is being challenged in court, which will determine if this is lawful.

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.

Re:Convoy Crackdown – power to freeze bank accounts without ... by sudosysgen on Tuesday February 22, 2022 @04:40PM (#30434257)
In this case the executive didn't do any convincing, the legislature did. It's a parliamentary system - the executive is an extension of the legislature.
Re:Convoy Crackdown – power to freeze bank accounts without ... by sofixa on Tuesday February 22, 2022 @04:51PM (#30434409)
> 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.

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)).

Re:Convoy Crackdown – power to freeze bank accounts without ... by gruez on Tuesday February 22, 2022 @05:02PM (#30434518)
>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)?

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.

Re:Convoy Crackdown – power to freeze bank accounts without ... by smaryjerry on Tuesday February 22, 2022 @04:16PM (#30433925)
The key here is that these people are not engaged in illegal activities or even accused of engaging in illegal activities before their accounts are frozen and before they have been given any chance to defend themselves. Rapists and murderers don’t even get treated this badly. They are treating them like terrorists.
Re:Convoy Crackdown – power to freeze bank accounts without ... by SECProto on Tuesday February 22, 2022 @04:22PM (#30434012)
> The key here is that these people are not engaged in illegal activities or even accused of engaging in illegal activities before their accounts are frozen

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.

Re:Convoy Crackdown – power to freeze bank accounts without ... by lupire on Tuesday February 22, 2022 @05:01PM (#30434509)
That has nothing to do with freezing accounts of donors, or blocking donations.
Re:Convoy Crackdown – power to freeze bank accounts without ... by SECProto on Tuesday February 22, 2022 @05:50PM (#30434995)
> That has nothing to do with freezing accounts of donors, or blocking donations.

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...

Re:Convoy Crackdown – power to freeze bank accounts without ... by mmastrac on Tuesday February 22, 2022 @04:30PM (#30434121)
But they are engaged in illegal activities, which you can find with a cursory Google search. And blocking borders and pipelines can arguably be classified as economic terrorism.

They are fully welcome to protest peacefully, on foot, in front of parliament like everyone else.

Re:Convoy Crackdown – power to freeze bank accounts without ... by gruez on Tuesday February 22, 2022 @04:50PM (#30434383)
>But they are engaged in illegal activities, which you can find with a cursory Google search.

So were rapists and murderers, but even they have a right to a fair trial.

Re:Convoy Crackdown – power to freeze bank accounts without ... by lupire on Tuesday February 22, 2022 @05:01PM (#30434510)
That has nothing to do with freezing accounts of donors, or blocking donations.
Re:Convoy Crackdown – power to freeze bank accounts without ... by xdennis on Tuesday February 22, 2022 @07:01PM (#30435642)
Donating money is illegal?
Re:Convoy Crackdown – power to freeze bank accounts without ... by SECProto on Tuesday February 22, 2022 @07:16PM (#30435798)
Yes, donating money can be illegal depending on what it is being donated to. Here[1]'s a list of financial transactions that would be tracked in Canada.

[1] https://en.wikipedia.org/wiki/Financial_Transactions_and_Rep...

Re:Convoy Crackdown – power to freeze bank accounts without ... by novok on Tuesday February 22, 2022 @04:24PM (#30434042)
Banks freeze accounts under the effective duress and cover of the government, because freezing money is stealing money from someone, even if you (might) give it back one day. If they didn't have the cover of the government then they would be under a ton of liability.

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.

Re:Convoy Crackdown – power to freeze bank accounts without ... by lupire on Tuesday February 22, 2022 @05:00PM (#30434500)
Where is towing tresspassing cars illegal?
Re:Convoy Crackdown – power to freeze bank accounts without ... by muzika on Tuesday February 22, 2022 @06:12PM (#30435198)
A better analogy would be: you park your car illegally, and the city then goes into your home and takes all your possessions without due process.
Re:Convoy Crackdown – power to freeze bank accounts without ... by ceejayoz on Tuesday February 22, 2022 @04:03PM (#30433754)
One of those institutions is freezing bank accounts.

The courts now get to play a role. https://calgaryherald.com/news/local-news/kenney-to-launch-l...

Re:Convoy Crackdown – power to freeze bank accounts without ... by SECProto on Tuesday February 22, 2022 @04:05PM (#30433777)
Yeah, Kenney's lawsuit is mostly political grandstanding, but I welcome the use of the Act being challenged in court. All this makes our democracy stronger.
Re:Convoy Crackdown – power to freeze bank accounts without ... by frabbit on Tuesday February 22, 2022 @07:11PM (#30435747)
How does it "make our democracy stronger"?
Re:Convoy Crackdown – power to freeze bank accounts without ... by SECProto on Tuesday February 22, 2022 @07:24PM (#30435880)
A law was on the books for decades but hadn't been used. It has now been used (in a rather restrained way, considering what it could be used for). This use is now being challenged in court, which will likely clarify what restrictions the use of that law actually has. Eg, did it respect the charter appropriately? Was it appropriately justified?
Re:Convoy Crackdown – power to freeze bank accounts without ... by frabbit on Tuesday February 22, 2022 @07:57PM (#30436152)
Why does that make democracy stronger? It's just an elaboration of a particular interpretation of the rules by jurists that are probably already not uncomfortable with the state.

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.

Re:Convoy Crackdown – power to freeze bank accounts without ... by SECProto on Tuesday February 22, 2022 @08:10PM (#30436254)
> 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.

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.

Re:Convoy Crackdown – power to freeze bank accounts without ... by ceejayoz on Tuesday February 22, 2022 @07:17PM (#30435805)
Checks and balances, and legal certainty in either direction.
Re:Convoy Crackdown – power to freeze bank accounts without ... by frabbit on Tuesday February 22, 2022 @08:08PM (#30436228)
Legal certainty? It was supposed to be the answer to the problems for the War Measures Act; the Constitution of Transitional Measures Act; the Emergency Powers Act; the Public Order (Temporary Measures) Act and some others I have forgotten.

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".

Re:Convoy Crackdown – power to freeze bank accounts without ... by ceejayoz on Tuesday February 22, 2022 @08:20PM (#30436344)
There's still a level of certainty that comes from "this law survived legal review by the courts" that I find some value in.
Re:Convoy Crackdown – power to freeze bank accounts without ... by frabbit on Tuesday February 22, 2022 @08:59PM (#30436652)
Fair enough. It's better than nothing, but probably not good enough. We'll be seeing more of this sort of problem as living standards decline under climate destruction and the buffers separating us from more direct conflict of interest thin out.