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Decentralized Democracy

Senate Volume 153, Issue 19

44th Parl. 1st Sess.
February 22, 2022 09:00AM
  • Feb/22/22 9:00:00 a.m.

Senator Gold: There was no misleading of Canadians. Though I have addressed this question before — clearly I’m doing the best job I can to answer your questions — obviously I will have to answer the same question more than once.

The situation that faced Canada was not confined to Ottawa nor was it confined to Ontario, whether it was what happened in Coutts, Alberta, for which the Premier of Alberta, in writing, requested assistance from the federal government saying he needed the assistance and was not able to manage it alone; what happened in Manitoba and is continuing to happen in the streets of Winnipeg; what is happening in Surrey and the border crossing in B.C.; and certainly what is happening here — did I forget to mention the Ambassador Bridge? I did indeed.

The threats to the stability of our democratic institutions are not confined to one province. The act is clear that in cases where the national emergency extends beyond one province, it is appropriate, responsible and prudent for the government to declare a national emergency across Canada because elements of this are found in all parts of the country.

We need to draw a distinction, and lawyers and parliamentarians alike will appreciate the difference between the law on the books and the law in action. There is no evidence that the measures that have been authorized under the declaration, the proclamation or the regulations are taking place anywhere else where they are not needed. There is no evidence of overreach in Quebec, in Manitoba, in Saskatchewan — your province, senator — or anywhere else where there is no need for these extraordinary powers. I remind colleagues — and this is really critical — it is only where local authorities, whether legislatures, municipalities or police forces, are not capable of managing a crisis. This includes a crisis that could be very violent.

It’s only when you’re not able to deal with it that the act would potentially apply. But again, it hasn’t been applied where it hasn’t been needed. That’s what the Prime Minister was trying to communicate, and that’s what is appropriate for him to have communicated.

It would be irresponsible for any federal government — regardless of whatever you think of this particular government — to deny itself the ability to respond, in a crisis, to a situation that could emerge — in an instant — tomorrow were someone to return to the border, whether in Alberta, B.C., or elsewhere in the country. It would be irresponsible to deny the local authorities and the local jurisdictions the ability to invoke on a temporary basis the tools that we saw working so effectively to liberate our city and return it to its citizens.

455 words
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