Freedom Convoy 2022 Protest Sparks Debate and Court Challenge

Freedom Convoy 2022 Protest Sparks Debate and Court Challenge

Michelle Pinon - News Advertiser

The police crackdown on ‘Freedom Convoy 2022’ protesters in the Nation’s Capital on Friday, Feb. 18 resulted in more than 190 arrests as well as the freezing of bank accounts of several organizers and donors alike.

The massive operation involving police officers from various parts of Canada was conducted through the Emergencies Act that was invoked four days prior in an effort by the Liberal Government to permanently end the three-week long occupation of Ottawa’s downtown core.

The Ottawa Paramedic Service stated that 21 people had been transported to hospital, from inside the secured area since Friday and no life-threatening injuries had been reported.

Members of the House of Commons resumed debate on the Emergencies Act Saturday. That same day, Premier Jason Kenney announced on Twitter that his United Conservatives will launch a court challenge of the federal government’s use of the Emergencies Act. Kenney said the invocation of the Emergencies Act was: unnecessary, disproportionate, violates natural justice, intrudes into provincial jurisdiction and creates a dangerous precedent.

There are four types of emergencies under the Act. The Prime Minister invoked what’s called a “Public Order Emergency,” which would arise from a threat to national security, stemming from:

A) “espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,

B) “foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,

C) “activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and

D) “activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,

Following the Emergencies Act being invoked, the Government has to table in Parliament their reasoning for using it within seven days. The reasoning was tabled Wednesday night. Debate began on Thursday, but was postponed until Saturday in light of Friday’s police crackdown.

Conservative MP for Lakeland Shannon Stubbs stood up in the House of Commons Saturday to deliver her remarks. “Today, I must oppose the Prime Minister’s unjustified invocation of the Emergencies Act for the first time in Canada. Like so many watching from home in Lakeland I am struggling with the events of the last two days. Seared in my mind are scenes of Canadians literally and metaphorically trampled, pushed back, struck down, driven out and away by the might, scope and scale of the unrestrained power of the state.

Like many colleagues here, I’ve lived, worked and walked in the downtown core of Ottawa for the past three weeks. And my truth is this, the most violent obstruction of justice started Friday. My constituents are asking what is going on here and how the heck did it all come to this?

Canadians have faced threats without the legislation that is designed only for crisis when there are no other options, which we debate with heavy hearts today.

The Emergencies Act was never designed or intended to be used to limit the rights of Canadians who oppose government measures. The Prime Minister attacked and then refused to meet or hear from Canadians with whom he disagrees. And he’s imposed his heavy handed will despite the opposition from seven provinces to end increasingly pointless mandates.

The Emergencies Act requires threats to the security, sovereignty, and territorial integrity of Canada including serious violence against persons or property impediments to democracy and “urgent, temporary or critical situation that seriously endangers the health and safety of Canadians that cannot effectively be dealt with by provinces or territories.”

Stubbs said all of this did not add up. “Law enforcement already uses and can use existing measures and tools to clear protests and clear borders.” She pointed out that it had already been done through law enforcement measures in other provinces recently, citing several protests, including the Coutts border and Ambassador bridge blockades.

“I believe in the Rule of Law and freedom. So, I am for individual rights, limited government, personal responsibility and social cooperation. I am against quashing dissent, authoritarian policies, tyranny, even if it’s popular, and using police to achieve these ends. The Canadian Civil Liberties Association, (CCLA) said protests in a democracy express and share their political messages.

Many protests are disruptive. It’s possible for protests to be both disruptive, peaceful and non-violent. Destructive protests, while unlawful, can be the most effective way of raising awareness. Through history, countless wrongs have been lawful and justified by governments and citizens. Basic rights and freedoms have been illegal. It’s not never the side in favour of the invasive, unforgiving, unyielding power of the state, and against the sovereignty and freedom of individuals over themselves and their lives that is right. One day we will be judged for this and Conservatives will be on the right side. I hope every MP will be too.”

On Monday evening the House of Commons approved the extraordinary and temporary measures in the Emergencies Act. The vote was 185-151 with the Conservatives and Bloc Quebecois opposing the motion to confirm the declaration of the emergency.

After the vote, Candice Bergen, Interim Leader of the Conservative Party, made a motion to resume debate on the Declaration of the Emergency. According to Section 59 of the Emergencies Act, debate must resume within three sitting days of the motion being introduced. According to the Parliamentary calendar debate will have to resume on March 2.