44th Parl. 1st Sess.
February 20, 2022 07:00AM
- Feb/20/22 12:56:34 p.m.
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Madam Speaker, I will be sharing my time with the member for Kanata—Carleton.
I rise today to take part in this historic debate in the House of Commons on the invocation of the Emergencies Act. I want to begin by thanking police chief Pam Mizuno and the men and women of the Windsor police force. The operation to clear the blockade of our community’s lifeline, the Ambassador Bridge, was professional, effective and, above all, peaceful. They restored order at home and provided the blueprint for the peaceful operations in our nation’s capital.
I thank the Ottawa police force and its police chief, Steve Bell. I thank the OPP and RCMP, and the police forces from communities across Canada, be it Peel, Durham, Calgary or beyond. Through the bitter cold of an Ottawa winter, when all they wished for was to return home safe with their families, they met the challenge with courage, professionalism and restraint. They have restored the rule of law and returned Ottawa to its residents. I thank them.
I thought carefully about what I wanted to say today in the House of Commons, not wanting to repeat too much of what has already been said. Last weekend, my family flew in from Windsor to join me in Ottawa for a special ceremony at the Embassy of the Republic of Poland. My father Richard was being honoured with the Cross of Freedom and Solidarity, which was presented by the Polish ambassador, Dr. Andrzej Kurnicki, on behalf of the President of Poland.
The Cross of Freedom and Solidarity is given to members of the democratic opposition movement in Poland, and to members of the Solidarity movement who were imprisoned or killed by the communist authoritarian regime in Poland, including during the imposition of martial law. My father was a member of the Solidarity movement, the first free and independent trade union in the Soviet bloc. He was the chair of Solidarity in a factory of 7,000 workers. They fought for the rights of workers and citizens.
On December 13, 1981, the communist dictatorship of Poland declared martial law on its people. Civil liberties were suspended. Communications were cut, both within Poland and to the outside world. Thousands of tanks, armoured vehicles and armed soldiers poured into the street. At 20 minutes past midnight, the police came to our door and arrested my father. For two weeks, our family did not know whether my father was alive or whether he was dead.
It was only many days later, when my mother was in an outdoor farmer’s market picking up groceries, that a kind and courageous police officer carefully approached her. He told her not to turn around and not to look back. He slipped a note from my father into her pocket, written on a cigarette paper. It said, “Don’t fret; I am alive, and I am being held in detention.” Thousands of Solidarity members were rounded up that night, and during the subsequent years of martial law, many were killed.
During the ceremony, my father dedicated the Cross of Freedom and Solidarity he received to the memory of his cousin, Jozek Widerlik. Jozek was a 24-year-old shipyard worker, shot and killed by the military police coming out of a Gdansk shipyard during the protests in 1970. That same system that arrested my father and killed his cousin dubbed my father an enemy of the state. Canada gave us safe harbour, and in 1983 my family arrived at Pearson airport as political refugees.
Why do I raise my family’s story today? For one, that ceremony at the embassy and my father’s experience under martial law weighed heavily on my thoughts, because two days later we were debating the invocation of the Emergencies Act. It is a discussion and a decision I take seriously and with caution, but I support the rule of law and giving our law enforcement the tools they need to restore the rule of law, and I support these measures. Most telling is that my father supports these measures.
As members can imagine, we have talked a lot about the situation in Canada, and I am grateful to have that opportunity in these difficult times. However, I also raise my family’s story because I have heard many people during the protests, and here in this House, compare the Emergencies Act to martial law and to communism. Such language only inflames. It does little to advance our understanding of the Emergencies Act, and it cheapens the contribution and memory of the thousands, like my father, who fought communism and suffered under martial law.
It is important here to talk about the democratic safeguards in place that distinguish the Emergencies Act. The first point that bears repeating is what these measures are not: This is not the use of military forces. These measures do not displace the local and provincial law enforcement. The operations in Ottawa clearly demonstrated that.
Both Houses of Parliament must have the opportunity to debate and vote on the act within seven days of its invocation. The act automatically expires after 30 days, but Parliament can shorten its duration at any time. A joint oversight committee must be set up to oversee the operation of the act, and a public inquiry must be held immediately after the expiration of the act to analyze the basis for its invocation and its execution. Finally, and most importantly, all measures of the Emergencies Act must be subject to the Canadian Charter of Rights and Freedoms.
The right to protest peacefully is sacrosanct, a cornerstone of the Canadian Charter of Rights and Freedoms, and it is a fundamental part of who we are as Canadians. We know that civil liberties organizations are already challenging the invocation of the act, and that is a good thing. We should challenge it, question it and debate it as MPs, as journalists, as civil society and as Canadians.
The key question many people ask is this: Does the threat meet the threshold? To answer that, I will provide another perspective, the view from my hometown in Windsor. There, a five-day blockade of the Ambassador Bridge shut down the very lifeline of our community, which is cross-border trade.
That blockade disrupted 400 million dollars' worth of trade that crosses the bridge every single day. The hurt this inflicted on our community is beyond measure. Thousands of workers in auto plants were sent home because parts could not get through; businesses were brought to their knees; farmers could not get their produce to market; small businesses along Huron Church Road, like Fred's Farm Fresh market, to this day remain heavily impacted because of the barriers still in place; children cannot go to school; residents struggle to get groceries or access health care, and Windsor police resources continue to be diverted away from community policing to secure the bridge. Those are just the immediate impacts. The long-term impact on investments and jobs in my community is unknown. The scale of disruption to businesses and livelihoods and to our national economy meets the threshold of a national security threat.
Another important question being asked is this: Are these measures necessary?
Ottawa's police chief answered that question on Friday when he said unequivocally that both the provincial and the federal emergency powers were critical to the peaceful end of the protests. With measures like those to keep children from protest areas, measures that disrupt the finances that fuel the protests, and measures that prevent the occupation of critical infrastructure like the Ambassador Bridge, the Emergencies Act provides tools that help authorities to uphold the rule of law and keep the protest from spreading and taking hold in our communities.
However, it is important to emphasize that these measures are not imposed on communities that do not need them. These measures will be felt only by a few hundred unlawful protesters in communities like Ottawa, Windsor and Coutts, where disruptions took place.
A remarkable scene unfolded yesterday. Outside the gates of Parliament, hundreds of police officers were peacefully restoring public order and the rule of law on Wellington Street, which had been occupied for over 21 days. Metres away, inside the doors of the House of Commons, Parliament was in action, exercising democracy, debating the Emergencies Act.
The rule of law and democracy are intertwined and interdependent. One cannot exist without the other. The source of our democratic government is the ballot box, not the barricades, and here I want to return to the Cross of Freedom and Solidarity, for Pope John Paul once said, “There is no freedom without solidarity.”
Solidarity means responsibility, not just for oneself but responsibility for others, looking out for our neighbour and being aware of how our actions impact the lives of those around us. Canadians who got vaccinated exemplified that credo. It means, at times, the willingness to give up a little of our freedom to protect the lives, safety and well-being of others. Sometimes it is about the willingness to give up something more. The greatest symbol of freedom in solidarity is a few short steps away from Parliament Hill, where we Canadians gather every November 11. Let us return to that spot, for it is there, in times of turmoil and trouble, that we Canadians will always find our compass and our way.
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- Feb/20/22 1:06:34 p.m.
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Madam Speaker, I want to be crystal clear. I do not support the government with respect to these emergency actions. My office has never been so busy. This is the busiest it has been since 2019, when I was first elected, with emails and phone calls. My constituents are disturbed by their Prime Minister and what he has said. A lot of these people who are calling me are Liberal supporters.
My question for the member is this. Do you apologize for the Prime Minister's comments on racism and misogyny when you get calls, and what answer do you give?
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- Feb/20/22 1:07:15 p.m.
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I would remind the member that he should not use the word “you” because he is directing the question directly to the member when he should be directing it through the Chair.
The hon. parliamentary secretary.
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- Feb/20/22 1:07:25 p.m.
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Madam Speaker, I believe that all of us have to first look at ourselves in this chamber with respect to our rhetoric and the words we use. I agree that we all have a role to play in turning down the temperature in our country, making sure we avoid divisive language as much as possible and coming together as Canadians.
I can tell the member that I have also heard from many in my constituency who were deeply hurt by the protests that took place on the Ambassador Bridge, the thousands of jobs lost, the workers who were sent home and the businesses that were brought to their knees. The Emergencies Act we are bringing forward here will help to make sure that never happens again on our Ambassador Bridge.
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- Feb/20/22 1:08:24 p.m.
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Madam Speaker, I thank my colleague for his speech.
His account of what happened to his family is unfortunately similar to what I have been told, and what my aunt and family friends have told me, about October 1970, and I totally understand the horror he must have experienced back then.
What is happening now is not about the army, it is about protesters. I kept reading and rereading, and I wondered what powers the police did not have before the Emergencies Act was invoked.
Were they unable to issue fines? Were they unable to co-operate? Were they unable to enforce a court order? What powers did they not have that were suddenly given to them?
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- Feb/20/22 1:09:13 p.m.
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Madam Speaker, I want to begin by saying that one thing that was remarkable about the operations here in Ottawa over the last couple of days is that we had police authorities from all across Canada coming to work together. The chief of police described it as a true team Canada approach and a true team Canada effort. We saw police from Calgary, Peel Region and Durham, as well as the Sûreté du Québec.
It is that team Canada approach that I feel is going to get us through this turmoil. It is important that we not lose sight of that, as well as of the fact that these measures are subject to the Canadian Charter of Rights and Freedoms, which protects Canadians from coast to coast to coast and will keep us on the good side of this new legislation.
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- Feb/20/22 1:10:15 p.m.
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Uqaqtittiji, many Canadians are struggling to get beyond the party politics, because it is mainly party politics that are being debated throughout this House. It is in part due to the effectiveness of the extremist ideologies that have infiltrated their minds, causing them to fear the Emergencies Act. Can the member explain to Canadians how their civil liberties are not being violated in this Emergencies Act and why they do not need to fear it?
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- Feb/20/22 1:10:52 p.m.
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Madam Speaker, I thank the hon. colleague for that key question we should be asking ourselves. I reiterate that the Emergencies Act is fundamentally subject to the Canadian Charter of Rights and Freedoms. These measures are targeted. The time is limited as well. There is a 30-day sunset clause. At any time, Parliament can vote to reduce the timing of it. There is also a joint oversight committee that has to be struck, which oversees the enactment and operation of the Emergencies Act. There are many safeguards in place to protect the rights and freedoms of Canadians. That is the fundamental question we are debating here today.
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- Feb/20/22 1:12:01 p.m.
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Madam Speaker, although it is an honour today to rise in the House of Commons to discuss and debate imposing the Emergencies Act, I do so with a heavy heart. I am fiercely proud to be Canadian. I love our country and everything about it. That is why I am here today. It is a big part of why I ran and had the courage to put my name on a ballot, and that is why I must use my voice today as we take these historic measures. Undeniably, this is one of the most important debates that we will have in the House.
The debate is about a solution to a very big problem. It is a problem that we have seen exceed the ability of the Ottawa police force and other police forces across the country to address on their own. It is multifaceted, it is menacing and it is an attack on our democracy. The protesters here in Ottawa just outside this building, the seat of our federal government, stated that their goal was to take down the government: to overthrow this democratically elected government. This certainly raises alarm bells in my head.
As we know, on Friday, all parties agreed to cancel the debate in the House on the Emergencies Act because of the emergency that was happening just outside this building. It was not considered safe for us to come to this building to debate the Emergencies Act. Let us all pause on that. I would say that when the elected representatives of this country are unable to safely debate in the House, it is an emergency of national significance.
I have received many emails, phone calls and messages from residents in my riding of Kanata—Carleton about these measures. I have been actively participating in and listening to this lengthy debate, and I would like to use my time today to share my view and to provide answers to the questions that many people seem to still have. I would also like to clarify that it is my job to represent the residents of Kanata—Carleton to the best of my abilities. This is not about partisan politics, and it does not matter what stripe of politics I believe in. It matters that I rise and represent the will of my residents. That is exactly what I am here to do today.
Why did we invoke the Emergencies Act? Canada is a rule-of-law country. By declaring a public order emergency under the act, we followed the law and we are acting within it. There are clear conditions set out in the Emergencies Act for a public order emergency to be declared, and these conditions have been met. Everyone in this chamber knows that the situation, particularly here in Ottawa, grew in intensity and in level of threat over the past 25 days. The threats at our land borders have mostly been managed to date, but with the benefit of planning and experience. The financing of the illegal occupation here in Ottawa has, as has now been exposed, required additional legislative powers to end it. The Ottawa Police Service acknowledged days ago it did not have the capacity to deal with this situation as it evolved over the last—
An hon. member: Oh, oh!
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- Feb/20/22 1:15:46 p.m.
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Order. I do want to remind the member for, I believe, South Shore—St. Margarets, and I do not know how many times I have already mentioned it while he has been in the room, to please hold on to his thoughts and the questions he may have. It disturbs the individuals who are speaking. I know that I have personally heard from individuals who have asked that order be held in the House so that they do not hear interruptions during speeches and votes.
The hon. parliamentary secretary.
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- Feb/20/22 1:16:24 p.m.
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Madam Speaker, it is important to note that no level of government can direct a police force. We do not, nor should we, have these powers. The failure of the Ottawa Police Service to shut down this occupation quickly at the beginning will, I am sure, be the subject of further analysis, but that is not the debate today.
The Emergencies Act was enacted due to the inability of provincial and municipal law enforcement to peacefully enforce the rule of law to address the blockades and occupation, to keep Canadians safe, to protect people’s jobs and to restore confidence in our institutions. I fear many Canadians do not understand that the Emergencies Act is, indeed, different from the War Measures Act. The Charter of Rights and Freedoms is still in place, of course, while the Emergencies Act is in force. Civil liberties are not suspended, nor is the charter set aside.
If the above rationale is not sufficient, then I point members to the proclamation declaring the public order emergency with further rationale. That includes the continuing blockades occurring at various locations throughout Canada and continuing threats to oppose measures to remove blockades, including by force, for the purpose of achieving political or ideological objectives; the adverse impact on the Canadian economy from the impacts of the blockades, and on Canada’s relationships with its trading partners, including the United States; the breakdown in the distribution chain and availability of essential goods, services and resources caused by the blockades, and the risk that this could continue; and the potential for an increase in the level of unrest and violence, with further threats to our safety and security as Canadians.
What does this actually mean? What does invoking the Emergencies Act actually do? Canadian governments at all levels have given the protesters a lot of leeway. Governments have allowed this protest to proceed despite a number of laws being broken. The protesters were allowed to make their point. We understand and continue to hear their concerns, and they have been debated at length in the House of Commons.
Some other levels of government have even met protesters' demands and have begun repealing some COVID-19 measures, yet in the words of the protest organizers themselves, these concessions are insufficient. Anything short of overthrowing this democratically elected government is insufficient. At some point, protesters need to abide by the rules of democracy, just as the rest of us do.
A democratically elected government, meaning us, may invoke duly-enacted emergency laws that are reviewable by the courts, subject to compliance with the charter, that are proportionate to civil disturbance and that are limited in scope. That is what has happened here. Any action taken under the Emergencies Act must be accountable to Parliament, to the courts and to the imminent public inquiry on the use of the Emergencies Act. There is no better example of the need to invoke the Emergencies Act than what has transpired over the past 48 hours just outside these doors.
We heard directly from interim Ottawa police chief Steve Bell that the additional tools he had at his disposal because of this action the government took to invoke the Emergencies Act enabled his force, with the support of the RCMP, OPP and other police forces from across the country, to lawfully dismantle the siege that crippled our downtown for far too long.
I would like to review the measures that have been brought forward under the public order emergency very quickly. The first is regulation and prohibition of public assemblies that lead to the breach of the peace and go beyond lawful protest. The second is designating and securing places where blockades are to be prohibited. The third is directing persons to render essential services to relieve impacts of blockades. This is critical. This enabled us to compel tow truck drivers to engage and provide the services that we needed to clear this blockade.
The fourth is authorizing or directing financial institutions to render essential services to relieve the impact of blockades. The fifth covers measures enabling the RCMP to enforce municipal bylaws, and the sixth is the imposition of fines or imprisonment for contravention of the order.
My hope is that we have seen invoking the Emergencies Act achieve two things. First, it gave the police forces the tools they needed to be able to end the occupation. Second, it enabled us to address the financial aspects of the protesters. We cannot let the international reputation of Canada be tarnished by letting our capital city fall because of this occupation.
Colleagues on all sides of the House, let us find a way to govern together. We all have the best interests of Canadians at heart. Let us learn from this, both from our mistakes and our successes. The safety of Canadians and our democracy cannot be a partisan issue.
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- Feb/20/22 1:22:46 p.m.
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Madam Speaker, it is always a pleasure to stand here on behalf of Canadians to protect their freedoms.
I wonder, if it is okay to restrict travel, collect cellphone data, use military propaganda domestically, enact an Emergencies Act and restrict financial transactions, is it really democracy? I guess that is the point I would like to make here.
The crazy verge we are going upon, the precipice that the House is trying to prevent us from going towards, does appear to be a very partisan issue. I am really very unsure how the member opposite could call it a non-partisan issue when we have two parties who have clearly been, even before any debate, calling this a non-partisan issue. That does not make any sense to me.
I do not have a question, just a comment.
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- Feb/20/22 1:23:40 p.m.
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Madam Speaker, I thank the member for the lack of a question. I am happy to speak to his comment.
My point is we are all here with Canadians' best interests at heart. That is why we should be here. It is our job to govern with their best interests at heart. I believe this should not be a partisan issue. This should be about the safety and security of Canadians. I believe that is what we are trying to achieve. We are invoking the Emergencies Act to protect the safety and security of Canadians across the country from the impact of these blockades and the occupation on our businesses, on our international reputation and importantly on the threat to our democracy, which they have stated is an objective.
With respect, I do believe we should all be able to come to together to support this.
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- Feb/20/22 1:24:46 p.m.
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There is still some heckling going on, and I just want to remind members to hold on.
Questions and comments, the hon. member for Trois-Rivières.
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- Feb/20/22 1:24:58 p.m.
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Madam Speaker, I thank the member for Kanata—Carleton for her point of view. I congratulate her on proposing a cross-partisan idea. I would like to hear it. I think we got to this point because of a lack of leadership. Nevertheless, I have the following question for the member: Does my colleague think that the Prime Minister should allow a free vote on this motion, as a way of showing leadership?
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- Feb/20/22 1:25:27 p.m.
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Madam Speaker, it is very hard to hear the translation with the talking that is happening across the way.
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- Feb/20/22 1:25:34 p.m.
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I just want to remind members that if they want to have side conversations, they should maybe have them in the lobby.
The hon. parliamentary secretary.
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- Feb/20/22 1:25:40 p.m.
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Madam Speaker, I appreciate the question. As I said earlier, this is a critical, and arguably the most important, debate that we have had here in the House. I am honoured to be a part of it.
I know that we all have Canadians' best interests at heart. I have heard from countless residents over the past three weeks about the impact that this occupation and the threats across the country have had. I believe it is important for all of us to listen, to hear what these residents have to say and to support them. By invoking the Emergencies Act, we have been able to empower our police forces to do the jobs they need to do to ensure safety and security across the country.
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- Feb/20/22 1:26:38 p.m.
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Madam Speaker, the hon. member for Kanata—Carleton stated what she believed were the points of law to support the declaration of public order and the various ways in which the declaration was needed in this crisis, including the financial measures in order to curb the dark money flowing in and supporting these illegal activities.
I asked her colleague this question and he did not seem to have the answer, so I am going to ask her. It was made clear very early on in the occupation that crowdfunding and cryptocurrency were being used to fund illegal activity and organizers who seek to put in place their own undemocratic government. This was a demonstrated gap in the reporting requirements.
Why did the government not take immediate action to ensure the proceeds of crime and terrorist financing regulations were updated to ensure these companies were not exempt from reporting transactions to FINTRAC?
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- Feb/20/22 1:27:29 p.m.
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Madam Speaker, on the financial measures that are being put in place, I believe we have broadened the scope of Canada's anti-money laundering and terrorist financing rules so they cover crowdfunding platforms and their payment service providers, including digital assets such as cryptocurrencies.
The government is issuing this order, effective last week, so Canadian financial institutions are able to temporarily seize those funds as they are suspected to contribute to the occupations.
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