44th Parl. 1st Sess.
February 21, 2022 07:00AM
- Feb/21/22 2:28:46 p.m.
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Mr. Speaker, I thank the hon. leader of the NDP for his support for workers. I agree with him on that.
We have continued every step of the way through the difficult past two years we have had to be there for small businesses, for seniors, for young people, for workers, and we will continue to do that. We recognize that, on top of the pandemic context, this occupation and the blockades have been extremely difficult on businesses and workers. We are moving forward with measures to support them. This is something I think we can all agree on in this House, to be there for Canadians.
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- Feb/21/22 2:29:24 p.m.
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Mr. Speaker, the occupation of Ottawa and the blockades at the border hit workers hard. It is getting more and more difficult for them to make ends meet. The Liberal government announced a plan to help the small businesses and the businesses affected by the blockades and the occupation, but not a plan for the workers.
Where is the plan to help the workers affected by the occupation of Ottawa and the blockades across the country?
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- Feb/21/22 2:31:39 p.m.
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Mr. Speaker, the blockades have ended. Downtown Ottawa has been cleared. If there was ever a national emergency, which remains in doubt, it is over. There is no need for the Emergencies Act vote tonight. It would seem then that this vote tonight is about far more than the blockades and the protesters in downtown Ottawa. It would seem it is only about power, about the government having the power and setting the precedent for the bank accounts of political dissidents to be frozen.
Is that not right?
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- Feb/21/22 2:32:13 p.m.
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Mr. Speaker, I want to just highlight how instrumental the Emergencies Act has been in allowing us to address, very effectively but in a manner that is consistent with the charter, the illegal blockades. I too want to take a moment to express my profound gratitude. I hope all members in the chamber will give thanks to the RCMP and all members of law enforcement who, in a very professional, measured and restrained manner, have restored order to the streets of Ottawa and have ensured we made progress at our borders.
We will only use the powers of the Emergencies Act as long as necessary.
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- Feb/21/22 2:33:24 p.m.
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Mr. Speaker, we have seen significant progress in Ottawa over the past few days. Our borders and downtown Ottawa are free of blockades, and our borders are now open.
I want to thank the RCMP and all law enforcement agencies for their professional and measured response. The Emergencies Act was instrumental in making this possible, but we want to be done with it as soon as possible.
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- Feb/21/22 2:35:52 p.m.
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Mr. Speaker, my question is for the justice minister or the finance minister.
First, how many bank accounts have been frozen under the authority of the emergency proclamation? Second, will the government commit that no further funds will be frozen without a court order verifying that a rational connection exists between the funds and the unlawful blockades? Third, will any currently frozen accounts for which a rational connection has not been demonstrated be released forthwith?
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- Feb/21/22 2:37:31 p.m.
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Mr. Speaker, although we have seen the progress made against the illegal blockades, threats remain.
The Emergencies Act will continue to play a critical role in ending the illegal blockades. We will follow the advice of the police and of other experts, who are telling us that the act is still necessary.
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- Feb/21/22 2:38:29 p.m.
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Mr. Speaker, with all due respect to my colleague, there are still risks, despite all the progress that has been made.
There are risks outside the House of Commons, in the streets of Ottawa, and at our borders. Efforts are being made to bring back the illegal blockades.
That is why, according to law enforcement, we still need the Emergencies Act. We will use this measure in a very responsible way, in compliance with the charter.
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- Feb/21/22 2:40:10 p.m.
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Mr. Speaker, the finance minister said at a press conference this morning, “For anyone who is concerned that their accounts may have been frozen because of their participation in these illegal blockades and occupation, the way to get your account unfrozen is to stop being part of the blockade and occupation.” The blockades have ended, but concerns over frozen accounts have not.
What mechanisms are in place today to help those who were accidentally caught in the government's dragnet?
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- Feb/21/22 2:44:14 p.m.
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Mr. Speaker, I want to thank my colleague for highlighting one of the ongoing risks we face, which is the threat to our borders and our trade corridors. They are so critically important to keeping Canadians at work and our economy rolling. That is why we continue to listen very carefully to the advice we are getting from our police services, which say that the Emergencies Act was instrumental in addressing the blockades at ports of entry and continues to be instrumental in preventing them.
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- Feb/21/22 2:50:52 p.m.
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Mr. Speaker, the trucks outside are gone. The protests are over. There are no more blockades. However, the Prime Minister is still determined to punish those involved under the Emergencies Act, where there is no due process to protect the innocent. Worse yet, he does this with the NDP's support.
When did the Prime Minister lose all respect for the charter and when did the NDP lose their way?
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- Feb/21/22 2:51:21 p.m.
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Mr. Speaker, as my hon. colleague has now heard on several occasions, the tools we are using under the Emergencies Act are very practical, very targeted and very measured. We are talking about designating secure zones. We are talking about choking off illegal funds that could be used to aid and abet the illegal blockades. We are talking about rapidly deploying the RCMP so that we can restore public safety here in Ottawa. It is all of these things.
The Canadian Association of Chiefs of Police has supported this. The Ontario Association of Chiefs of Police has supported it. The Canadian Police Association, which is for the rank and file of police and frontline responders day in and day out, supports the Emergencies Act.
When will the party of law and order actually support the opinions of the law and order?
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- Feb/21/22 2:56:04 p.m.
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Mr. Speaker, since the illegal blockades started, the government has taken many concrete measures, such as giving police forces extra resources.
At the same time, the Emergencies Act continues to be necessary to help police prevent further illegal blockades. We want to sunset the act as soon as we can.
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- Feb/21/22 2:59:58 p.m.
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Mr. Speaker, for the last three weeks, law enforcement partners have been coordinating their efforts to end illegal blockades and disruptions in Ottawa and at border crossings. The RCMP have assisted municipal and provincial forces when requested, helping to stop unlawful protesters and restoring the freedoms and livelihoods of all Canadians.
Why is the continued use of the Emergencies Act necessary to ensure Canadians' livelihood and quality of life are protected?
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- Feb/21/22 3:00:28 p.m.
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Mr. Speaker, I want to thank my hon. colleague for all of his hard work in representing his community. He will know why the Emergencies Act continues to be necessary. In Surrey at the Pacific Highway, we saw a recent effort to once again obstruct trade corridors, which has a direct and significant impact on the economy and on Canadian jobs.
I know that is a central concern for the hon. colleague. I hope it is for all members in this chamber. I hope that tonight everyone will see fit to support the passage of the Emergencies Act, so we can end the illegal blockades, and so we can get life back to normal as quickly as possible.
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- Feb/21/22 3:05:34 p.m.
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Mr. Speaker, by invoking the Emergencies Act, this government has ensured that law enforcement agencies have the tools they need to dismantle illegal blockades and clear the occupation. We heard directly from experts and law enforcement agencies how these tools were used to do exactly that.
Can the minister update the House on how the financial measures continue to play a vital role in putting an end to the illegal protests and letting Canadians get back to their normal lives?
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- Feb/21/22 3:06:13 p.m.
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Mr. Speaker, I thank my colleague for her question and all her hard work.
Over the past few days, we have seen significant progress in Ottawa and at our borders. Downtown Ottawa is free of blockades, and our borders are open. I want to thank the RCMP and all police forces for their good work.
All the measures mentioned in the Emergencies Act are very practical, very targeted and temporary. They were all implemented in accordance with the Canadian Charter of Rights and Freedoms.
The government will sunset the Emergencies Act as soon as possible.
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- Feb/21/22 3:07:27 p.m.
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Mr. Speaker, I want to thank the hon. member for Windsor West for his advocacy and hard work in representing his constituents. We have maintained very open lines of communication during the illegal blockades. The member highlights why it is that the Emergencies Act continues to be necessary given the risks in Windsor, Coutts and other ports of entry, such as Surrey.
We are going to work very closely with my hon. colleague, the hon. colleague for Windsor—Tecumseh and the mayor of Windsor to ensure that small businesses have all the supports they need so we can get the economy going again. Notwithstanding the challenges of the illegal blockades, this government will be there for those impacted by them.
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- Feb/21/22 3:50:59 p.m.
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Mr. Speaker, the Prime Minister has called Canadians names. He has called them misogynists and racists, and asked if we are actually going to tolerate these people. I am just wondering what the member's comments would be around the Prime Minister's actions in this. We saw, with the rail blockades in 2020, half of cabinet running around the country talking to everybody to try to resolve the situation when Quebec was running out of propane.
Could there not have been something similar, instead of calling Canadians names?
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- Feb/21/22 3:54:12 p.m.
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Mr. Speaker, the government has proclaimed a public order emergency under the Emergencies Act. The question before us today in the House is whether the proclamation is consistent with the law.
For a public order emergency to be proclaimed to deal with the blockades here in Ottawa and across the country, three criteria must be satisfied.
First, there must be an urgent, critical and temporary situation where there is serious violence or the threat of serious violence against people or property for the purpose of achieving an ideological, religious or political objective.
Arguably, the government has met this first criterion. The RCMP raid in Coutts, Alberta, resulted in the seizure of high-powered guns with scopes, handguns, ammunition, high-capacity magazines and body armour decorated with patches associated with white supremacist and other extremist groups. Thirteen people have been charged in connection with the seizure, including four with plotting to murder police officers. The RCMP says that these individuals were organized, highly armed and dangerous. In addition, some of the organizers of the blockade here in Ottawa used language that suggested they were ideologically motivated and willing to use force to achieve their ends.
The second criterion that must be met is that either the situation endangers the lives, health and safety of Canadians, and is of such proportion or nature as to exceed the capacity or authority of a province to deal with it, or the situation seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada.
The government can make the case that either or both of these elements have been satisfied. It is clear the blockades endangered the lives, health and safety of Canadians in downtown Ottawa. The diesel fumes, the constant and ear-shattering noise, the fireworks and so many other things hurt the 12,000 Canadians living around the Ottawa blockade. The Province of Ontario supported the invocation of the Emergencies Act, implying that the blockade exceeded the province's capacity to deal with the situation.
The government can also argue that the situation seriously threatened its ability to preserve the sovereignty, security and territorial integrity of Canada. The control of an international border is the hallmark of a sovereign state. At one point, four Canadian border crossings were blockaded: Windsor, Emerson, Coutts and Surrey. The blockade in downtown Ottawa, the seat of our government and our national legislature, was also arguably a threat to the sovereignty and security of Canada, as was the call by some convoy organizers for the overthrow of government.
The third criterion that must be satisfied is that the situation “cannot be effectively dealt with under any other law of Canada”. It is important to note that the act uses the word “effectively” rather than “ideally”.
The government made an announcement about the public order emergency on the afternoon of February 14, but the promulgation of the three orders in council effecting the powers took several days. The blockades ended in Windsor on February 13, in Surrey on February 14, in Coutts on February 15 and in Emerson on February 16. It is clear that the border blockades were effectively dealt with under the existing laws of Canada and not under Emergencies Act powers.
Here in Ottawa, while Emergencies Act powers were used, they were not needed. Chris Lewis said exactly that yesterday. He said that there was a lack of law enforcement and a lack of police officers, but not a lack of laws to enforce. He said that making arrests, seizing trucks, towing, cordoning off the city, putting up checkpoints and getting thousands of additional officers to assist the Ottawa police could all have been done under the existing laws of Canada. He is a former commissioner of the Ontario Provincial Police: the largest police force in the province of Ontario.
Furthermore, it is clear the Emergencies Act powers allowing the government to seize financial accounts could have been done under existing law. Ontario Attorney General Doug Downey did exactly that on February 10, when he obtained an order under section 490.8 of the Criminal Code to freeze access to millions of dollars donated through the platform GiveSendGo.
Lawyer Paul Champ also did exactly that on February 17, when he obtained a Mareva injunction under existing common law that froze millions of dollars, including cryptocurrency, raised for the convoy protests.
These actions by the Ontario Attorney General and Paul Champ were done under existing laws, and were also done with court approval, unlike the Emergencies Act powers to freeze accounts without court approval that the government has now claimed for itself. These emergency powers may not pass the Oakes test with respect to proportionality or the requirement to minimally impair rights and freedoms.
The government has not met the requirement of the act that the situation cannot be effectively dealt with under any other law of Canada. Therefore, I cannot support the motion. I would add that if the House supports the motion, it would be giving the government powers it likely does not lawfully have under the act.
While I cannot support the motion, it is clear that the blockades in Ottawa and at the border were unlawful, illegal and, in many aspects, criminal. It is also clear that the existing laws of Canada did deal, and could have effectively dealt, with the situation. A lack of timeliness in law enforcement, and a lack of federal-provincial co-operation and other operational deficiencies, cannot be dealt with under the Emergencies Act, nor under the emergency doctrine of peace, order and good government.
The failure to uphold the rule of law is the issue here, not a lack of law to effectively deal with the situation. In a free and democratic society, the rule of law is essential. Without the rule of law there can be no freedom, because liberty without lawful limits, taken to its logical conclusion, is anarchy. Without the rule of law, there can be no democracy, because democracy without our most basic law, our Constitution, is nothing less than majoritarian mob rule.
It is clear we, as a country, have not been serious about the rule of law, and because we have not been serious about the rule of law, thousands of Canadians thought it appropriate to unlawfully and illegally blockade four international border crossings and our national capital for more than three weeks.
We have not been serious about the rule of law when a person’s race, religion or creed determines whether or how the law is enforced, such as when the CN mainline in Ontario and pipelines in Western Canada were blockaded for weeks on end two years ago, and when the lawlessness continued last week. We see this when a mob violently tears down statues in the public square with no consequence, when dozens of Canadian churches were vandalized or torched in the past year, and when, in this place, the Prime Minister violated the Shawcross doctrine of the Constitution by pressuring the Attorney General to drop the criminal prosecution of SNC-Lavalin, something for which he was never censured or held in contempt. We saw this last year when the government defied four orders of the House and its committee for the production of the Winnipeg lab documents.
If flagrant disregard for the rule of law is tolerated, things will fall apart. The centre cannot hold and anarchy is loosed. What is needed now is not the use of the Emergencies Act, but rather ensuring that the rule of law in this country is upheld.
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