Senator Carignan: Leader, I’m hearing comments in this debate that make my hair stand on end.

Have we completely forgotten that we live in a society governed by the rule of law? Have we completely forgotten that there are principles enshrined in our Constitution that include investigative powers and law enforcement services that conduct investigations? Have we forgotten that, for time immemorial, criminal groups, like the Hells Angels and others that launder money and traffic drugs, have been trying to infiltrate other groups? These are groups that regularly operate under the cover of other activities with the objective of laundering money or controlling the black market, for example. This is quite common. This is how it’s always been, and it’s unlikely to change. You don’t use the Emergencies Act because a small group has been infiltrated by the Hells Angels. We have the Constitution, and we have the investigative powers. We don’t need emergency measures to do this. Is this a symptom of COVID-19?

[English]

Hon. Senators: Agreed.

Senator Gold: Colleagues, first I want to thank all honourable senators for the thoughtful contributions that have been made during this important debate. I’m rising on behalf of the Government of Canada to announce in this chamber that the government has revoked the Emergencies Act in accordance with section 22 of the act.

The Hon. the Speaker: I saw Senator Gold rise first, Senator Plett, so I’m going to let Senator Gold speak and then I’ll call on you.

Senator Ataullahjan: Yes, I would.

Senator Plett: Senator Gold told me I could answer with a yes or no. I’ll say yes to part of your question and no to the other part.

[Translation]

Hon. Pierre J. Dalphond: Would Senator Tannas agree to answer another question?

I would like to thank you for your comments and ensure that I understood correctly.

You explained earlier that we must look at the situation as it stands today. If I understand the legislation correctly and if, between nine days ago and now, we had found out that a million bank accounts had been seized and the associated financial transactions had been halted under the economic measures order, it would be a bit surprising for the Senate to confirm the declaration only to engage in a process the following week to revoke the use of the act or declare that the application of the legislation should end.

If I understand correctly, we must look at the situation as it stands today, including the impact the declaration has had, which has been positive in some ways and negative in other ways, before voting.

Have I understood that correctly, Senator Tannas?

[English]

Hon. Diane Bellemare: I would like to first thank senators for their heartfelt and thoughtful speeches during this debate, and I also want to congratulate Senator Gold, who did an amazing job answering all of our questions.

I must admit that I have some concerns about the motion we are debating. I am torn between the arguments for and against the motion, and I have the same misgivings expressed by many, including Senator Patterson, Senator Miville-Dechêne and all others today.

To the Quebecers who are watching this debate and who lived through the War Measures Act in 1970, I want to be clear that the Emergencies Act has nothing in common with the original act. This one is much more moderate.

The Canadian Charter of Rights and Freedoms did not exist at the time, and civil liberties were violated in Quebec during the October crisis, as we all know.

Such attacks on democracy would not be possible today under the Emergencies Act, especially because the act provides for parliamentary and legal safeguards.

I also want to point out that, although I have concerns, I absolutely believe that the police needed to intervene to put an end to the occupation in downtown Ottawa, just like they had to do to reopen the Ambassador Bridge. The protesters were preventing Canadians from exercising their rights, and the protests had a significant impact on the economy.

However, the success of the interventions in Windsor raise the following question: If the act was not necessary in that case, why was it necessary for the situation in downtown Ottawa? We never got an answer to that question.

The Emergencies Act was invoked on February 14, and the occupiers were removed from downtown Ottawa last weekend. I understand that the occupation was extremely hard on the people of Ottawa, particularly the individuals and families who live downtown, and I feel for them.

Most Canadians support the use of the Emergencies Act. Many of them were shocked by some of the unbelievable, movie-worthy scenes from the downtown Ottawa occupation, such as the inflatable hot tub and the refuelling stations, which made it clear that many of the protesters intended to stay for a long time and that action was long overdue.

Today, in theory, the occupation is over. We no longer need this act, which contains a set of rather strict measures, including such financial measures as the power to freeze bank accounts. Even though the act states in its preamble that the measures are subject to the Canadian Charter of Rights and Freedoms, some of those measures raise concerns, such as the economic measures in the proclamation that allow financial institutions to freeze the bank accounts of those who are considered to have broken the law.

Can we be sure that those provisions will withstand court challenges? Time will tell.

Why, then, am I so deeply ambivalent about the motion before us? We are responding to events that have arisen out of the frustrations created by the loss of various freedoms over the past two years, and we are responding with legislation that effectively suspends yet more freedoms. Although several organizers of the occupation appear to have ties to far-right groups, they have nonetheless received support from Canadians who are frustrated by the lockdown measures and the division they create within families and communities.

I cannot ignore the context in which the Emergencies Act was invoked, specifically the loss of freedoms we have experienced during the pandemic. Over the past two years, some of the lockdown measures imposed because of the pandemic have had a real impact on the global state of democracy. On that point, I would like to share a few paragraphs from Democracy Index 2020, a report published by the British magazine The Economist, and I quote:

[English]

The withdrawal of civil liberties, attacks on freedom of expression and the failures of democratic accountability that occurred as a result of the pandemic in 2020 are grave matters. This is why the scores for many questions in the civil liberties category and the functioning of government category of the Democracy Index were downgraded across multiple countries in 2020. Regardless of whether there was public support for the government measures, countries that withdrew civil liberties or failed to allow proper scrutiny of new emergency powers were penalised.

[Translation]

All countries adopted similar measures to fight the pandemic, measures modeled on those implemented by China, the first country affected. This document by The Economist states that the same methods were used in both authoritarian and democratic countries because China was the first country affected and there was no vaccine. All but a few countries, such as Sweden, adopted similar measures.

Before we had vaccines, democratic countries had no other options.

Quebec implemented an extreme measure, curfew, a few times, the latest in January 2022. It was poorly received by many and was definitely the straw that broke the camel’s back for many communities and households. It led to resentment among adults and, in particular, young people, and I could go on at length about that.

Let’s get back to Canada’s democracy index. I’d like to quote once again from the document published by The Economist:

[English]

Canada continues to score highly in the 2020 Democracy Index, thanks to the country’s history of stable, democratic government. Canada’s political participation score rose to its highest level ever in 2020 . . . propelling Canada into the top five countries in the global ranking for the first time.

[Translation]

That’s an achievement. Despite being one of the most democratic countries in the world, however, Canada did lose points in one area.

[English]

The report continues, “Coronavirus restrictions led to a deterioration in the functioning of government score in Canada . . .”

[Translation]

The restrictions have in fact prevented us from playing our role as we did in normal times. In short, the pandemic has had a real impact on democracy around the world and also in Canada. We must be aware of this and, above all, take steps to protect it.

I will say in passing that Scandinavian countries received the highest scores.

That said, here are my questions. Are we going to extend emergency measures that destroy freedoms in a context where individual freedoms have already been significantly reduced in Canada during the pandemic — because even though we wish to return to normal, health measures are still in place — without knowing if the act is necessary?

As Senator Dalphond stated, this may create a dangerous precedent, because the bar will not be set very high for the next time this exceptional legislation is invoked. Are we undermining our democratic reflexes?

The Senate is a place of sober second thought, and we are not here to govern in place of the government, but it is difficult to endorse a decision in a vacuum. The act is nevertheless temporary, and will be in force for only 30 days. However, as Senator Cotter explained, the majority of Canadians support it. It will not be enforced in my province, unless the Premier of Quebec decides otherwise. It was adopted by a majority of members in House of Commons. If the Senate does not confirm this measure, which is supported by most Canadians, there will certainly be a great deal of political tension in the air.

Lastly, as Senator Cotter said, I am not convinced that we can legitimately not give the government the benefit of the doubt at the moment, given that the act will stop being in effect very soon, as I said earlier. We can follow up on it and ensure that an extensive inquiry is conducted in the 60 days following the end of the emergency measures and that a parliamentary committee is established. These provisions did not exist in the previous legislation.

In closing, I truly hope that Canada can look to the Scandinavian countries, whose democracy indices are even higher than ours, for inspiration. I have studied a good deal of their public policy, and part of their success stems from social co-operation and dialogue. Our Confederation needs institutions that facilitate co-operation between governments and foster social dialogue with civil society. These emergency measures might not have been needed if there had been more co-operation between the various levels of government.

The fact that the Emergencies Act was invoked speaks volumes about the dearth of institutions that promote social co‑operation and dialogue in Canada. As the country becomes more ideologically polarized, we need these kinds of institutions in order to mitigate the polarization that results from misinformation. As you know, working together and fostering dialogue enable people to share the same information and reinforce common values. For these reasons, esteemed colleagues, I believe I will give the government the benefit of the doubt for now. Thank you.

[English]

Senator Tannas: First of all, I think I said no one wound up in the hospital. I think we all saw a lady that got hit by a horse and got back up and was interviewed. By the way, my comment was not necessarily about the virtue of those that were at the barricades. It was more around the discipline of the police and the tactics that they deployed in order to safely bring the Ottawa protest to an end.

You could be right. I don’t know the people from Alberta that have been pointed at as the ring leaders in all of this. I don’t know what their motives were in starting it, but I can tell you that the millions of people that expressed sympathy and support in one form or another saw something in that which gave voice to their frustration or part of their frustration. So I don’t know in truth whether the protest was co-opted by ordinary Canadians with very real frustrations or whether the convoy of real Canadians with real frustrations was somewhat co-opted by a very small group of people. I looked when I walked up and down there. I could not see flags — I sure saw a lot of flags. In first place was the Canadian flag by a mile. In second place was a flag that had a comment about the Prime Minister and a maple leaf on it. Really, anything else could not have been said to be prominent. The placards up and down that were attached to the fence were overwhelmingly about personal freedoms and vaccination. I can’t comment. It’s not in my area of expertise as to whether or not White supremacists are on the rise, on the wane or the same as they have always been. In a free society, we are always going to have those kinds of people. They are always going to be around, and we need to stand up to them in whatever form is necessary.

[Translation]

Senator Tannas: First of all, all evidence is to the contrary. The streets are clear. The emergency is over here in Ottawa. I accept that there was no way that conventional policing, with the laws on the books, could have done what was needed to encircle 100 square blocks, deny people entry and exit and to do what they needed to in all of the other elements that have been well enumerated to break the back of that protest that had metastasized over three weeks. I accept that.

There is lots of blame — and we’ll get to the blame — as to whose fault it was. It doesn’t matter. How could they have done it? I believe that that drastic decision had to be made.

But today, to say that we need to continue an act that has been told to Canadians is the absolute last resort, that it must continue today and in the next hour, the hour after that and the hour after that, when the clear purpose it was invoked for, here in Ottawa, has been dealt with. That is the issue.

We have a fully functioning intelligence department. We have the RCMP. In this province, you have the Ontario Provincial Police and you have the municipal police. They didn’t all go home. They have been working hard. They have laws and resources available to them. There is nothing that I have heard that tells me that they still need those.

We heard yesterday that there were all these banking and financial products that had been frozen. Now we hear they are starting to be unfrozen — not that there are new ones, just the ones that were frozen. That leads me to believe that the extra measures that are so repugnant to Canadians — because they were told that this law was to be used once in a generation maybe — and the powers in that law need to continue just doesn’t square. I have not heard anything that convinces me otherwise.

We heard from you and others about the financial side of things. We heard about a bunch of truckers who are circling Ottawa or parked in a field somewhere waiting to come back as soon as the Emergencies Act is revoked. Presumably, this time the police have a plan if that happens, or, I guess if they don’t, then we’ll have to invoke it again. But it doesn’t need to continue today. It should be put back in the closet where it belongs. Thank you.

Senator Housakos: Or, of course, the government can just lift the remaining mandates, like everyone else is doing, and they will never come back, at least for this issue.

You are absolutely right, Senator Tannas. You and I have engaged in debate here for many years. Sometimes we agree, sometimes we disagree, but we respect each other’s opinions. You are right. I am Greek, and, of course, in the word “democracy,” “demos” is “people,” and “cratia” means “rule.” Rule of the people — that is what democracy is all about, and we should never forget that.

I appreciate your interventions and comments, and I agree with you and Senator Pate that this was a huge protest, but very tempered and very peaceful. We have to give kudos to the police and public security forces — and the protesters, because they found a way to protest, yet when the police had to do what they had to do, they backed up. They retrenched, they backed up and accepted the finale while getting their point across. While we have had, as Senator Pate said, other protests in this city — Black Lives Matter, Indigenous protests, very legitimate protests — and in my own city there was commercial violence and statues were desecrated.

My concern is that this precedent-setting event needs to have an end to it or parameters to send a message to this government and future governments that this should not be a precedent. Then every time the people rise up in frustration, and there is some measured violence or some of stretching of law and order as we know it in this country because they want to express their democratic frustration, other governments won’t use this as a precedent to do something as equally draconian to environmental groups, Indigenous groups and others who have legitimate reason to protest.

Finally, we are a great federation. As you brought up, public security is the responsibility of municipalities, provinces and governments in collaboration. Did we get any indication that provinces and municipal authorities were calling on the government to do this? It seems like at least seven out of ten provincial governments have been outraged by this measure.

Can you comment on both the precedent this sets in terms of future protests and why the government would do something when there hasn’t been a call from other levels of government to ask for this across the country?

Hon. Leo Housakos: Honourable senators, in my 13 years in the Senate of Canada, I don’t think I have risen on a more important debate and issue than this one.

I want to remind all senators in this chamber that our fundamental role when we were summoned to this place is to be the voice of our regions and to be the voice of minorities in this country. These are voices that need to be heard, voices that need to be represented when they feel they’re not being adequately represented, particularly on the other side, but also when they feel that they’re being trampled on by the executive branch of government.

There’s no role more important in this place than the role of oversight of the government. In this particular instance, one minute these protesters, convoys, were coming to Ottawa and they were marginalized by the Prime Minister. He called them a fringe minority. And the next minute, this fringe minority, this small group of Canadians that are anti-vaccines and anti‑mandates all of a sudden became such a threat that we had to impose something that has been done only three times before in the history of this country. Clearly, from that admission, the Prime Minister was wrong when he called this a fringe group, a minority.

Colleagues, it doesn’t take a genius to figure out that it wasn’t a fringe group. It isn’t a fringe group. This country is deeply divided like I’ve never seen in my 50-plus years. As a proud Canadian, I’ve seen governments come and go. We have seen many crises and public discourse in the country, but never in my lifetime have I seen these deep divisions.

It’s in moments like these that the executive branch of government has an obligation and every prime minister has an obligation to put the nation’s interests above the interests of himself, his party and partisan politics. I saw that many times under the leadership of Stephen Harper. I saw it first-hand in his caucus. I saw it under the leadership of former prime minister Jean Chrétien, who I always appreciated. He put the nation first regardless of political differences at various times. God knows he had some very tough crossroads to walk in this country. I saw it under the leadership of Brian Mulroney as well.

There is always temptation on the part of the politicians to wedge and divide for political benefit, and I’ve seen first-hand that it works, but in those moments of existential crisis, all prime ministers are obligated to bring the parties together, not to throw fuel on the fire, not to call protesters names, not to call them extreme right, extremists, racists or a few other words I won’t even mention. We’ve had this debate, and there is no point in revisiting it.

That kind of political posturing is completely unnecessary. We saw this government do it in the last general election when they tried to create the atmosphere of “them versus us.” They did some polls. They realized that 80% of Canadians are double vaccinated. They said, “We’ll make an example of the 20% of Canadians who don’t want to be vaccinated because they are vaccine-hesitant, have medical conditions, have a phobia or whatever the reasons may be.”

I believe in freedom, yes. I believe in freedom of a man and woman to choose if they undergo a medical procedure. It’s their choice in this country. Before you go for a surgery, they ask you to sign a form, a waiver. I don’t think it’s much to ask in this country as a Canadian citizen to have your government lay off when it comes to taking vaccines, medications or medical procedures, or being forced to have or not have an abortion. It’s the same type of debate for me as a libertarian. These are rights that should be fundamental in the country.

Therefore, when protesters come to Ottawa, there should be consistent rules for all Canadians. I’m double-vaccinated. I try to persuade my friends, neighbours and everybody — I believe it’s genuinely the way to go in order to mitigate this disease and fight it to the best of our ability, but I also recognize the right of somebody else not to be vaccinated. I recognize the right of somebody to expect their government to be fair with all citizens, to be just with all citizens. When protesters come to Ottawa or they go to Coutts, Quebec City or Toronto, they have the right of protest, which is fundamental in our democracy. No one can take that away.

When protesters went to the G20 a few years back, they had a legitimate right to protest. When Indigenous communities had legitimate issues with the government, they went to the extreme with armed protests, shutting down infrastructure and railway crossings in this country for a number of weeks. When Black Lives Matter protested for issues that are important, they are fundamentally on the right side of where they should be. Every politician has the right to respect these protests.

We have an obligation, particularly as parliamentarians, as a prime minister, whoever it is, to dialogue with these people. Somebody said earlier in their speech that the three Rs are the most important thing in our democracy: rights, responsibilities and respect. I think it was Senator Arnot. I agree with him. It’s a right to protest in this country. It’s a responsibility though of Parliament, our Prime Minister and our governments to dialogue with these citizens. These are not enemies of the state. These are frustrated Canadians.

If it’s Black Lives Matter, if it’s the Indigenous communities, if it’s people at a G20 for economic reasons — we saw what happened in Oka in my province many years ago. I’m old enough to remember. In all of these instances, prime ministers threw water on the fire. They dialogued, they sent ministers in for discussions. They sent bureaucrats in to have chats to try to figure out what the problem was.

They didn’t say, “you’re undesirable,” “you’re racist,” “you march with swastikas,” or “you’re tearing down monuments,” when they did not. We have had other protests that desecrated monuments across the country or burned down religious centres of worship. The prime minister didn’t run out and invoke the Emergencies Act: He engaged in dialogue.

So why, in this instance, did he choose to do otherwise? Is it because he thought maybe the poll numbers were on his side? Maybe he thought he would get away once again with creating an “us” majority versus “them” the minority.

All of a sudden he started realizing that even double vaccinated people are frustrated in this country. We are frustrated with mandates that are not fair. For example, when a government institutes a travel mandate, they should institute a travel mandate. But, no, there is a double standard with the policies of this government. If you are a wealthy Canadian and you need to see a family member in New Jersey or California, no problem. Hop on a plane, you do your PCR test, you come back and you quarantine. Life is a dream.

If you have a sick mother in Vermont and you are in Montreal, you can’t get over the border to visit because of COVID mandates. We have to do this, we have to save the country.

But, of course, if you sit back and think about it, the sacrifices will be made by those who cannot afford to get on a plane and drive over a border. For those who can fly, you’re good — more double standards.

We have a case in point where we had protests in Coutts and at the Ambassador Bridge. Police authorities there were able to bring down the temperature and resolve that issue. Nobody called the Prime Minister and said, “Give us the Emergencies Act or else we can’t get it done.”

Police authorities in Quebec City planned for the protests effectively. They calmed things down and dealt with it appropriately. There was no need for emergency measures. This is the kind of irresponsible behaviour on the part of the government that just can’t be excused. It just cannot be.

This Prime Minister has tripled down for political expediency and nothing else when he saw he was losing. To this day, he hasn’t once taken any responsibility for this issue.

The other element, colleagues, is this could have been resolved quickly if this government had done or was willing to do what governments across this country have been doing now for over a week: announcing that they are removing mandates. It’s the easiest thing. Alberta did it. Saskatchewan did it. Ontario did it. The Quebec government did it. The only one who has tripled down and is refusing to eliminate those mandates is Prime Minister Trudeau. At this point, we see there is no good reason for it except he doesn’t want to acknowledge political defeat.

This isn’t a game. This is about bringing a deeply divided country together. This is about reconciliation after coming out of a terrible crisis called COVID. And by the way, colleagues, make no mistake, this is just the beginning of the disruption. The next crisis around the corner is fundamentally worse, and this Prime Minister has buried his head in the sand regarding that one as well. I’ll get to that later.

He has invoked an emergency measure — which was unnecessary — giving the police authorities in this country — overkill — overarching authority essentially to do what they want without any accountability to anybody. The government leader pretty much said to us yesterday, “trust me, trust the government, there is enough evidence to justify this.” I haven’t seen it. He acknowledged that he hasn’t seen it. I think Senator Tannas asked him about it. We haven’t seen it.

But the Parliament of Canada, “trust me.” We can freeze accounts. We can give the police all this authority to take care of what they should be able to take care of with our present laws, it seems to me. If the present laws on the books are not sufficient to manage a few protesters on Parliament Hill, we are lawmakers — let’s change the laws. Let’s not tell the government to take over and become a dictatorship. Come to Parliament and say that this is what we need and we need it quickly.

As you have seen over the last two years, Senator Gold, we are agile in this place. Everything you have asked of your colleagues in the Senate, we have done relatively quickly. You needed billions of dollars; we approved them. We need changes in order to deal with COVID; we dealt with them, even when we had reservations. We haven’t pushed back. There hasn’t been any hesitation.

But telling police officers to go ahead and decide who enters the Parliamentary Precinct, to make a list of who is appropriate to enter and who is not, I find unbelievable.

Yes, local residents were inconvenienced in a big way. Unfortunately, the frustration of Canadians has reached such a boiling point where they are causing chaos in the streets. That should be a red alert that we need to sit down and find out how we can address them. That’s our job.

Foreign investment in this country, in the last few days since the Emergencies Act, has come to a standstill. You have seen the statistics. It is even worse than it was before the Emergencies Act, which was pretty pitiful. Foreign investment in this country is at its lowest level in seven or eight years.

When we become the laughing stock of other western democracies, when we are all over the front page news in the U.K., the United States, France and Germany and I’m getting calls from parliamentarians asking, “What is happening to your great democracy?” I have no answer. I can’t explain it.

I can’t explain that a few hundred thousand people in Ottawa overcame the laws of this country, our police forces and our public security system, and that we had to invoke a measure that has been invoked only three other times in the history of this country: World War I, World War II and, of course, the October Crisis.

Colleagues, in each and every one of those cases when that act was invoked, history has proven that there were indiscretions and that mistakes were made. We wronged people in a serious way. Afterwards, governments had to stand up in this place and the other to apologize for those indiscretions.

It is not good enough to say to trust the government. It’s not the role of the Senate or the House of Commons to trust the government. That’s for the people who decide during elections if they want to trust them or not. This place, our job, is to question, to see the facts before we are forced to vote on certain things.

Now, we also have a Prime Minister who, in addition to calling people names, has another talent. He likes to reinvent things. All of a sudden, the Government Leader in the Senate has become the representative. Partisanship has become an evil thing in public debate.

An “independent” parliamentarian is a parliamentarian who rubber-stamps their political programs and the government agenda. “Extremists,” “racists,” “extreme right-wing,” these are all code words for anybody who opposes us, and we are going to tag you. We are going to put a label on you. That is politically very astute. It has worked very well so far. I think it’s slowly catching up to him.

Colleagues, Prime Minister Trudeau said at the beginning of this crisis that we are all in this together. That’s what he said. He said we are going to be in this together. We have your back, unless you are a trucker. If you are a trucker, you are on your own. Unless you are not willing to accept a medical procedure. If you are unwilling to take a vaccine, you are on your own in a big way. If you can’t afford to fly in an airplane, you are going to be locked in your house and quarantined by this government because there are different rules for those travelling by plane than those going on four wheels because they can’t afford to do otherwise.

I’m seeing this dangerous thing developing in our country. It’s called the bureaucratic oligarchy. People like us have the privilege of a guaranteed paycheque every couple of weeks, as do all those who work for government agencies across this country. During this COVID-19 crisis, we saw that the government had the back of all those people.

Our employees were working from home. We found ways to accommodate them. We made sure our employees’ paycheques were on time. There wasn’t as big a hit on them as other citizens who are not part of the bureaucratic oligarchy like I am. I have that privilege. Citizens who have to work in the private sector have been hit with a 30% pay cut or have unfortunately lost their jobs and are starting to feel the pain.

Colleagues, in conclusion, all I have to say is the following: We have an obligation to make sure this divided country has some reconciliation and comes together. We have to recognize that we have to represent the interests of all Canadians in dealing with this crisis, because now we are getting through this crisis of COVID and the next one — you can see it; it’s $200 to buy a roast to feed a family of three or four. Again, we bureaucratic oligarchs, we privileged ones, can afford it.

On the Order:

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That, pursuant to section 58 of the Emergencies Act, the Senate confirm the declaration of a public order emergency proclaimed on February 14, 2022.

Hon. David Arnot: Honourable senators, I speak from Treaty 6 territory in Saskatoon, Saskatchewan, and homeland of the Métis.

As a reminder, I’m speaking in favour of the motion and I’ll speak to the rule of law, Canada’s democratic institutions and my hope for the role of education in maintaining our democracy. As you will have noticed, I started my remarks last night; therefore, I was able to give sober second thought to what I’m going to say this morning, but you can be the ultimate judges of that.

Canadians have the right to protest, but there is a reasonable limit to that right in a free and democratic society. There is no protected right to lay siege to and unlawfully occupy portions of the Parliamentary Precinct and the downtown core of the city of Ottawa. Criminal activity, harassment, assault and intimidation of people in the occupied areas are not consistent with peaceful political protest. If there is remaining doubt as to whether this protest was peaceful, the balance was tipped when organizers implemented their plan to stay for the long term with seditious intent.

The occupation was premeditated and funded by donations in the millions of dollars — a portion from foreign sources. This was an extraordinary action and not a protected ordinary political protest. The organizers’ stated goal was to force an end to the COVID-19 vaccine mandates, and in their occupation they threatened to have the Government of Canada comply with those demands. The more unhinged demand required that the Governor General and this body depose the recently elected Government of Canada and create a non-elected government made up of people selected by the occupiers.

During the occupation, protesters became entrenched, encamped and embedded. They ignored the rights of the citizens of Ottawa to have peaceful enjoyment of their homes and businesses. Equally concerning were the blockades of the Canada-U.S. border at critical entry points throughout the country, in concert and in sympathy with the occupiers. The unlawful occupation and border blockades are without precedent in Canada. This extraordinary situation required an extraordinary response.

I have heard colleague senators in the debate question why the passage of this act is still necessary since the convoy has been dispersed from Ottawa. I hear your concerns about overreach and the relevance of the measures at this time. I can say, as a former senior Crown prosecutor and a judge, an operation of this magnitude involving so many different units and levels of government does not just stop on a dime. Much of the work continues in order to identify perpetrators of criminal activity, foreign and domestic.

As we have seen, the Mayor of Winnipeg and their police force there are dealing with a blockade of trucks at The Legislative Assembly of Manitoba.

It is not clear to me that potentially seditious acts and subversive activities from fringe elements have simply stopped because the blockade in Ottawa was dismantled. The police officers closest to this operation are advising that there is an operational need to continue their work, but note that they are not celebrating any victory. They are not declaring that the risk is abated. The threat assessment is continuous.

The police service has a heavy responsibility. One protest leader leaving the Coventry Road staging area declared, “This isn’t over. We are switching to guerrilla tactics,” or words to that effect.

I have confidence in the professionalism of police services. The members of cabinet, the civil service and the other place were persuaded of the need to pass this legislation, and they deserve the benefit of the doubt, even allowing for the exercise of unprecedented powers. This will be assessed in the inquiry as outlined in the act created by the Mulroney government, which was a wise idea.

I would urge erring on the side of caution and common sense. Based on the information available to the Senate, I believe the threshold for the implementation of the Emergencies Act has been met. The Government of Canada must restore public confidence to demonstrate that the state has the ability to ensure safety and security of Canadian citizens. The state must uphold the rule of law. The rule of law cannot exist if laws are not enforced or if there are no consequences for those who choose not to obey the laws.

This shocking and unlawful siege has exposed weaknesses and vulnerabilities that need to be prioritized for remedy by parliamentarians. Canada’s reputation as one of the world’s strongest democracies has been weakened internationally. Canada’s economy has been damaged.

Canadians expect their government to maintain the security, protection and function of their democratic institutions. Change is happening at an unprecedented pace. It is happening technologically, culturally, socially and politically. Complexity is leading to uncertainty. Uncertainty has led to fear, anxiety and anger. Some Canadian citizens feel disenfranchised. Some Western democracies are dealing with this uncertainty because it has given rise to populism, racism and hate.

Canada is not immune. Some citizens feel disconnected. We have seen a promotion of anti-intellectualism, alienation and polarization. Some citizens are losing faith in democratic institutions. Some citizens view these institutions with suspicion. Some do not have sufficient understanding of the roles of these institutions. I’m thinking here of the roles of journalists, the judiciary and the Senate. Those roles are to provide checks and balances to hold government to account. Some citizens do not fully understand the responsibilities that accompany Canadian citizenship.

Some citizens are disengaged. Sinister people promote and encourage a view of these institutions that is intended to prey upon the misfortunes experienced by marginalized and very vulnerable people. Their purpose is to instill or incite others to a malevolent view and ultimately to weaken our democracy. Some citizens accept half truths and simple answers to complex questions. This has been generated and manipulated on social media by nefarious forces, both inside and outside of Canada. Democracy is fragile.

Some Canadians take our democracy, human rights and freedoms for granted. That is perilous. The price of freedom is eternal vigilance. One cannot be vigilant unless one has knowledge. Education generates knowledge. Education is the engine of democracy. Democracy is strengthened by education, knowledge and understanding, and in turn a commitment to Canadian democratic institutions and peace, order and good government.

I have heard several protesters assert that what they were doing was in the name of freedom — how ironic. Protesters asserted their “first amendment right” and insisted on their Miranda rights when arrested near Parliament Hill, clearly not understanding that those are references to the American constitution. The protesters bandied about words and concepts they do not understand. They spoke of freedom, seemingly without understanding that they have remedies before the courts or at the next election.

What this protest lays bare is that we have fundamentally failed to educate our citizens about what it means to be a Canadian citizen — the three Rs: rights, responsibility and respect. I believe that is a critical lesson from this debacle. We need to proactively and purposefully educate students about the rights of Canadian citizenship and, importantly, the responsibilities that accompany those rights. That is where we need to place our hope for the future.

In stark contrast to the United States — which does not have a section 1 clause and why our Charter is so respected internationally — the rights of citizens are balanced in Canada. The rights of citizens are never absolute. The rights of citizens are subject to reasonable limits and, most critically, the rights of citizens are directly linked to the responsibilities required in a free and democratic society.

Every Canadian citizen has a responsibility to know and understand the rights of Canadian citizenship so they do not knowingly transgress the rights of others. Every Canadian citizen has a responsibility to respect their fellow citizens. They may disagree with the political views of some; however, they must respect the right of all to hold their own views.

Canadian citizens are free to challenge any law, edict or regulation. They must do so within the system that has evolved in the Western world since the Magna Carta. That is to say, if you feel your rights are infringed upon or denied, the remedy lies with the courts in our democratic system.

I believe, considering the circumstances presented over the course of the last few weeks, the required response to the threat we are seeing in our democracy is to implement the use of the Emergencies Act. In my opinion, it is necessary at this time. It is fully justified, and it is constitutional. There are built-in safeguards. The declaration has a short duration. It will expire in 30 days, although it could be extended. It has joint parliamentary oversight. The Emergencies Act does not overwrite the Canadian Charter of Rights and Freedoms. I believe the federal government’s response through the Emergencies Act is proportional to the threat on our Canadian democracy.

Notably, the act provides for an inquiry. The inquiry will provide the information needed to better inform any future use of the Emergencies Act and preventative measures to cure the grievances that precipitated these actions. We must recognize the angst, anger and fear many Canadian citizens have expressed. In the aftermath, we must learn, adapt and act. We need to speak to all Canadians without finger pointing — no shaming, no blaming. Words have the power to maim, and Canada needs to heal. The Canadian government is ultimately responsible for the invocation of the Emergencies Act and is accountable for its use. I support the motion to confirm the declaration of a public order emergency.

[Editor’s Note: Senator Arnot spoke in Cree.]

Thank you, everyone.

Hon. Elizabeth Marshall: Thank you, honourable senators, for your comments and speeches. We all know the history that led the government to this point, but it’s not clear how we move from a peaceful protest to the Emergencies Act.

The convoy started its journey around January 23. Media reported its progress daily, and we all knew it was headed for Parliament Hill. Each day, anyone could check to find out the location of the convoys. Media also reported on the smaller convoys headed to meet up with the larger one. We knew there were hundreds, if not thousands, of vehicles and protesters headed for Parliament Hill. Even the police were reporting on the convoy. Through the media, we were told the police were monitoring the incoming convoys and that they were communicating with the organizers. Media and police emphasized that the convoy and the protesters were peaceful.

Therefore, the arrival of the convoy in Ottawa and the setting up on Parliament Hill was no surprise. What was surprising was the unimpeded access allowed to Ottawa and Parliament Hill. Governments knew the convoy was headed for Parliament Hill, yet the protesters in their large vehicles were not diverted. Despite knowing for weeks that a large convoy of vehicles and protesters was travelling to Parliament Hill as their destination, there was no plan. It was unbelievable.

There was no attempt by government to resolve the situation. Protesters were allowed to set up on Parliament Hill. It became a carnival-like atmosphere, with hot tubs, bouncy castles and food concessions. Government allowed the protesters, along with their vehicles, to take possession of Parliament Hill, downtown Ottawa and, really, almost all of Ottawa.

Even the federal transport minister in media interviews restricted his comments to simply asking the protesters to go home. It took the initiative of one Ottawa resident to obtain an injunction to deal with the noise created. The federal government, over a three-week period, went from doing nothing to invoking the Emergencies Act. It hasn’t been clearly explained what happened and why the act was invoked.

If the government was aware that the convoy posed a credible threat before it came to Ottawa — and we were told that yesterday — why did the government wait three weeks before addressing the security threat? Why were the protesters allowed to set up on Parliament Hill? The lack of political leadership displayed over the past few weeks is absolutely unbelievable.

One of the questions being asked is whether the government needed to invoke the Emergencies Act. Why didn’t the police and the federal government do their jobs three or four weeks ago when they knew the situation was developing? Several senators are asking this question, and I know Senator Arnot asked the question when he began his speech this morning.

Now that the blockades have been disassembled, why can’t the police, CSIS and other authorities take over, continue with the threat assessment, and the Emergencies Act be revoked? Today, we even received notice that controlled explosives are scheduled to resume today or tomorrow in the renovation of the Centre Block, so it sounds like the threat has been diminished.

Several senators have raised concerns over the freezing of bank accounts. It is still unclear, and many senators talked about this in the Senate yesterday. It was also raised at the briefing with ministers the day before. It is still unclear as to who is affected, what process is followed to determine the blacklist and what criteria have to be met in order to be excluded from the blacklist. It is also unclear as to how those individuals, organizations and companies whose accounts have been frozen can have their bank accounts unfrozen, especially since they no longer have access to monies for lawyers and other advice.

Despite this matter being raised by a number of senators, we have yet to receive sufficient explanatory information. The process of the freezing of bank accounts is an invisible, punitive process. Last evening, I saw in the media there was a report that some bank accounts are being unfrozen. Well, it was an ill‑thought‑out idea to begin with, but we are now seeking answers on this new development.

Some senators have raised questions and concerns about the parliamentary review committee. There is a concern that serious oversight cannot be carried out by the committee if it cannot receive all relevant information, including intelligence information.

Honourable senators, my expectations of this review committee, if it is ever established, is very low. It is not even established and we are already learning about the restrictions to be placed on the committee.

In closing, I would like to reference Senator Tannas’s Motion No. 30. We have been discussing the Emergencies Act, a complex piece of legislation with far-reaching implications. While a briefing was arranged for senators and Senator Gold did respond to many questions yesterday, senators are still being requested to approve or not without adequate study of the implications of a very complex Emergencies Act.

Honourable senators, I would like to conclude by saying that in light of all the concerns that have been raised, I’m not convinced that the government had a plan. Now that they have implemented the Emergencies Act, I’m still not convinced that they have a plan. I will be voting against the motion.

Hon. Colin Deacon: Honourable senators, thank you for this incredibly important and robust debate.

I’m speaking to you today from Mi’kma’ki, the unceded territory of the Mi’kmaq.

Colleagues, I deeply value free speech. I deeply value peaceful protest. But these have not been peaceful protests about free speech. For example, those who came to occupy Ottawa were demanding that the federal government remove all mandates related to COVID-19, regardless of whether those mandates were issued by the American government, the Canadian government or one of our 13 provincial or territorial governments. Then we learned that the protest organizers had the stated objective of overthrowing a recently elected government and Parliament. Yet these protesters were still given the chance to voice their views peacefully on the weekend of January 29.

The voices of those protesters were definitely heard — not peacefully, but loudly. When their unreasonable and unconstitutional demands were not met, they entrenched. Day and night, the occupiers made their presence known where people lived, where they worked and on the streets. Businesses were shuttered, costing an estimated $15 million in lost wages and sales every day. Lawlessness and disorder prevailed.

The citizens and businesses of Ottawa were far from alone. Countless Canadians have been harmed by the blockades of critical infrastructure across our country. Those blockades disrupted billions of dollars of international and local trade. They caused struggling private businesses to close and send workers home, they damaged our most critical trading relationship at a crucial time and they stained our global reputation.

This level of instability in one of the world’s most treasured democracies should be deeply concerning to us all.

Colleagues, the occupation of a G7 capital by individuals who made it clear that they were not going to respect the law or leave voluntarily was untenable. Regardless of all the ineffective actions and jurisdictional failings that led up to this crisis, the Ottawa Police Service and the Ontario Provincial Police were clearly incapable of restoring the rule of law. As a consequence, I firmly believe that the invocation of the Emergencies Act on February 14 was both necessary and justified.

Personally, I draw comfort from the checks and balances within the act and the fact that the Charter of Rights and Freedoms remains pre-eminent. But we will need to listen carefully to the concerns of certain groups, especially vulnerable and minority groups, who justifiably worry about precedents being set here. Canadians with a history of being marginalized, racialized and dominated by the majority are rightfully afraid that this use of the act could set a worrisome standard for future protests. Their fears are likely fuelled by their first-hand knowledge of past police actions — taken without use of the Emergencies Act — in situations that looked nothing like recent events.

Now I would like to focus on the use of the checks and balances within the Emergencies Act. An inquiry will be triggered when the act is revoked, be it through the will of Parliament with the House or Senate exercising their rights under section 59 or by a decision of this government. Canadians should rightly expect that inquiry to be thorough, balanced and non‑partisan in its examination of “. . . the circumstances that led to the declaration being issued and the measures taken for dealing with the emergency.”

Over the next year, the inquiry will call upon the Prime Minister and his cabinet to defend their use of the act and the people of Canada should ultimately have the opportunity to decide whether they agree with the actions taken.

The inquiry will need to clear up some troubling questions leading up to the invocation of the act, how special powers were used and why those special powers were needed in the first place. In leading up to its invocation, my questions include: In what ways did partisan language, tactics and actions escalate tensions and anger among protesters and broaden involvement?

During the first week of the crisis, Conservative MP Michael Chong and Liberal MP Joël Lightbound both spoke powerfully about the worrisome national divisions caused and widened by partisanship as it is now practised in Canada. For far too many, simply being anti-Conservative or anti-Liberal justifies saying and doing things that can only divide Canadians, not unite them.

Was the required security and intelligence advice available to each level of government and police force leading up to and during each protest? If not, why not? What barriers did jurisdictional issues present, and how did they prevent decisive action? Why were the police limited in their ability to secure essential services?

Those are all very important questions leading up to the invocation of the act.

In terms of the powers used under the act, I think we need to carefully examine issues that include the following: What burden of proof existed prior to freezing the roughly 200 personal and corporate accounts and 250 crypto addresses? How many accounts were frozen in error, and how quickly and completely were those situations resolved? What process was used to release the affected individual and corporate accounts so that those individuals do not remain “unbanked” and uninsured?

The actions taken could cause significant financial harm potentially to people who have not broken the law, but also to those people whom we do not want to become less connected to broader society. I trust that the inquiry will examine how quickly and completely each one of those situations was resolved.

Finally, I want us to examine why we got to the point where the Emergencies Act was required to access crucial financial measures. Specifically, I hope the inquiry will examine issues such as the following: Why is our financial oversight system not capable of monitoring the financial activities used during these occupations without invoking the Emergencies Act? The organizers showed sophistication in rapidly raising and distributing a large number of donations, including those made using crypto assets. However, those activities used are not very new and their use was far from unimaginable. Yet those activities remain unregulated. Our regulations and corresponding due process need to start to keep up with market realities.

This crisis has caused new payment technologies and platforms to be added to our list of regulated financial entities, but the fact that it took a crisis for this to happen is troubling.

Second, why have we failed to revamp our approach to anti‑money laundering and anti-terrorist financing despite FINTRAC’s existing protocols capturing less than 1% of estimated criminal money flows in Canada? How has this not been a priority? The status quo means that bad actors are 99% successful in moving their money in Canada. Our current system is a burden for good actors and fails to track bad actors unless we use the Emergencies Act. This is an unacceptable reality.

Third, how are we incapable of identifying and regulating foreign funds coming into Canada for political, ideological or illegal purposes? Why have new regulations and appropriate processes not been prioritized in the digital era? Simply, our financial regulators have not kept up with technological and market realities. Canada has stagnated as disruption has accelerated.

Highly disruptive point-of-sale technologies using crypto payments now exist, yet we still are not thoughtfully building a financial system that will keep up with market realities. We need to start to prioritize data rights, financial inclusiveness and global competitiveness, while protecting freedom in financial decision-making and dramatically limiting the role of bad actors.

That is no small task. With each of those issues, I worry about how much legislative work is needed but in an environment where Canadians’ trust in their public and political institutions has been weakened and their faith in what they see on social media is growing.

This is deeply worrisome. Rebuilding lost trust must be a top priority. It might be helped by prioritizing the use of consultative ways to engage Canadians in building shared solutions to shared problems and eliminate the paternalistic “Ottawa knows best” approach where Canadians are given a predetermined solution to a pre-selected problem.

Colleagues, throughout our country, Canadians have continued to do their jobs. They are stressed, tired and worn out, but they continued to work. I’m grateful for the million-plus Canadians who have been struggling, tired and without reprieve kept our health care system from collapsing during this crisis. I’m grateful for the 130,000 truckers who have continued to provide deliveries across our country, day in and day out. I’m grateful for the countless essential workers who remain heroes despite no longer receiving their hero pay. I’m grateful to the journalists who protect our democracy by constantly searching for the light of truth and I’m grateful for the police, first responders, business owners and ordinary citizens who keep our communities functioning. I’m grateful that all of these Canadians have continued to do their jobs.

Colleagues, I believe now is the time for Canadian politicians to lower the temperature, drop the partisan rhetoric, and focus on building a more sustainable, inclusive and prosperous path forward for all Canadians. That’s our job. I worry if we don’t do it. Thank you colleagues.

[Translation]

Hon. Dennis Glen Patterson: Honourable senators, I rise today to join in this historic debate. When I last spoke in this chamber, I lamented the role we are being relegated to. I called us the “chamber of the rubber stamp.” Today, however, we hold a very serious responsibility. A “nay” vote in this chamber would immediately revoke the emergency orders initiated under the Emergencies Act. We hold a unique veto power in this instance. The question before us right now is: Should we use it?

Like many, if not all of you, my office has been inundated with phone calls and my inbox has been flooded with emails urging me to vote against the continued use of these extraordinary powers. On the other hand, law enforcement, ministers of the Crown and various experts and pundits across the country urge the continued use of the emergency provisions, telling us that the emergency situation is ongoing and that we may lose control of the situation if the powers are revoked.

I understand that Canadians are angry. There are those who are angry at vaccine mandates that they feel have infringed on their basic freedoms and negatively impacted their livelihoods. There are, conversely, those who are angry at what they viewed as inaction on the part of their elected representatives at the local, provincial and federal level to quell this unrest in Ottawa and across the country until February 14 when the Emergencies Act was invoked.

When all this is over, we must find out how we got to such a sad situation for our country. I have lots of questions about how we got there. Why didn’t the City of Ottawa police prepare for a convoy we knew was driving across the country? We all knew that. Why didn’t the City of Ottawa invoke a court order? Why was the Prime Minister absent? Why didn’t we hear a word — not a peep — from the head of the RCMP? The convoy and COVID have divided Canadians, neighbour from neighbour, family member from family member. Even I had a very public falling out with my political family in the parliamentary caucuses over this.

It is no surprise to me that the debate thus far has been spirited and at times emotional. Many have lamented that we have found ourselves at this point. Canadians have always prided ourselves on our public order and good governance. We have peace, order and good government in our Constitution, and yet here we are invoking for the first time an act that gives broad and far‑reaching emergency powers to the government after a protest turned into what has been classified as an illegal occupation.

While I’m looking forward to the inquiry that will shine a light on the many failures at all levels of government to contain this issue earlier, I’m also cognizant of the fact that we cannot move forward in this debate without some serious examination with the fullest information that can be made available to parliamentarians of how these failures contributed to the current state of things.

Bylaw officers and local police did nothing to enforce the laws and bylaws that exist. No one is supposed to park on Wellington Street, at the heart of our democracy in Canada, the Senate of Canada, the Prime Minister’s Office, the House of Commons, the Supreme Court. You cannot erect structures in public places. You cannot idle your vehicle or create a noise disturbance. And yet, the convoy did all of these illegal acts for three long agonizing weeks. The premier was visibly absent during this period of unrest and all the while, the Prime Minister made antagonistic and further polarizing remarks about a group that was clearly already beyond frustrated and on edge, causing them to strengthen their resolve and further entrench themselves in Ottawa.

This is not leadership. This does not befit a Prime Minister whose mandate should be to bring Canadians together. Citizens launched a court action to stop the honking and took it upon themselves to block convoy members looking to further incapacitate the city by slowly circling schools and airports.

I received calls from concerned parents of Nunavut students attending university in Ottawa who were afraid for the safety of their children. Colleagues, Ottawa is the home of the second-largest population of Inuit in Canada, next to my own community of Iqaluit. I speak as a representative of people living, working, going to school, obtaining health services in this city who are from Nunavut and who have been greatly stressed, inconvenienced, scared by what has gone on. I heard from Inuit living in the city and helping organizations like Tungasuvvingat Inuit that they were no longer able to access services. I heard from homeless Inuit who were no longer able to reach safe spaces that enable them to survive in the harsh coldness of January and February.

I don’t agree with those that suggest that there was a diplomatic way forward in all of this. The main organizers were demanding all mandates be removed, even those within the purview of provincial governments, otherwise they would continue to occupy the downtown core.

Key leaders pointed to their — and I use this term lightly — memorandum of understanding that called on the Governor General and the Senate to overthrow the democratically elected government, then use their new-found power to end all mandates. The Governor General’s office was flooded with calls. In Ottawa, 911 was flooded with calls.

Clearly, these are unreasonable actions and demands, and when a group threatens to continue illegal actions until such unreasonable demands are met, that group is no longer exercising their right to expression, association and peaceful assembly that we cherish in this country.

The courts tell us that peaceful protest does not extend to any gatherings that seriously disrupt the peace as in R.v. Lecompte, nor does it extend to anything actions that physically block or impede lawful activities as defined in Guelph (City) v. Soltys.

Strictly speaking, the question before us today is whether the government was justified in its invocation of the Emergencies Act. Looking at the evidence, at least from what we know — and, honourable senators, as I expressed in questions I asked the government leader in the Senate yesterday, I think there is a lot that we don’t know and that the review committee should be trusted to look into regarding the aspect of intelligence information. But looking at the evidence that is available, I think it was justified. I think that there was such failure on the parts of the municipal, provincial and federal governments as well as with local law enforcement in their handling of this situation that it ballooned into such an untenable situation that the only way to coordinate a peaceable way out was through this act.

I believe, above all else, in the rule of law and its equal and consistent application. No Canadian should be above our laws, and everyone should be subject to natural consequences of breaking those laws. However, I cannot divorce from this question another question, and it’s a very important one to me. Are we still in an emergency? Do we still require the broad powers afforded by the emergency orders in order to contain what elements of the convoy and its major proponents remains?

We do have a national police force. We do have anti-terrorist capacity. We do have CSIS, which should be doing the job of staying on top of this and have the tools to do so under existing laws. Do we still require the broad powers afforded by the emergency orders? The answer to that is I don’t know. I know what I hear in the media, but I don’t know what the government and law enforcement know.

Senator Gold has vociferously told this chamber that this is not a matter of the government saying “trust me,” but at the same time he also called on us to have some faith that the government is acting in the best interest of Canadians. As a parliamentarian and a policy-maker asked to justify and support the continued use of these expanded powers, I don’t feel comfortable with that. I would feel more comfortable if I knew that voting “yes” at the end of this debate would result in a powerful oversight committee that had access to protected information — and this is an issue I’m very concerned about — that was informing decisions in real time. I would feel better knowing that there was a pan-partisan group of parliamentarians that were able to keep the government in check. These are the types of checks and balances we demand in a democracy.

I would like to pay tribute to former prime minister Brian Mulroney, with former solicitor general Perrin Beatty and his cabinet, who put together this very thoughtful Emergencies Act with a strong role for parliamentarians, representatives of the people, for adjudicating on the rightness of this order and its need to continue, as well as setting up rigorous — I hope — review and inquiry processes so we can learn from this very sad experience and make sure it never happens again.

Going forward, I cannot absolve the federal government of the blame they share in creating this situation — not just the convoy but the polarized society that we now find ourselves living in. Years of policy changes that threaten the livelihoods of provinces dependent on resource extraction have led to Western alienation, sparking the creation of such political movements as Wexit, and the Maverick Party, of which Tamara Lich, a figurehead in the convoy, was a founding member. And let us note that the identified leaders of this ragtag group are from Western Canada, a region of our country where the primary resource industry has been demonized by our government.

The politicizing of the pandemic, which happened shamefully in the last election at the hands of the Prime Minister and the demonizing of the vaccine-hesitant has further split Canadians. I am triple-vaccinated and grateful to be so, and have found that the public health measures in Nunavut have kept Nunavummiut safe. I thank the federal government for the support that has been given to the territories to help us deal with the threat of the pandemic, exacerbated as it was by our severe housing crisis and overcrowded housing. I have even refused the exemption afforded to parliamentarians and quarantined with my wife for two weeks before re-entering the territory in an effort to do my part to keep COVID out. It was only in the relaxing of some of these measures that we saw COVID spread widely through the territory.

So while I support public measures, I don’t think we should alienate those who don’t feel the same way. We should all be deeply disturbed that we can no longer have nuanced conversations in this country. Nowadays, you are either a sheep or member of the FluTruxKlan. You either support oppression or value freedom. These are not real options. You can believe in science but be hesitant about a vaccine that was developed quickly. You can support public measures but support the right of others to protest those same measures.

Quite frankly, the more I listened to this debate and the more I speak with colleagues I’m torn with how to cast my vote. As I said, I agree there was an emergency. I’m not totally convinced there still remains an emergency that requires these special powers, and I’m very concerned that we’ll not have in place the proper checks and balances to ensure there’s no misuse of these powers or to ensure that they are revoked the instant, as one minister put it during the briefing, “they become convenient, rather than necessary.”

So I will continue to listen with great interest to what respected colleagues in this chamber have to say as we continue with this important and historic debate. Frankly, right now, I’m not sure we continue to need this drastic measure at this moment. Thank you. Taima.

[Translation]

Hon. Julie Miville-Dechêne: Honourable senators, the government’s decision to invoke the Emergencies Act is a very rare and symbolic act that we can already assume will go down in history.

As a Quebecer, the invocation of this law and its predecessor, the War Measures Act, obviously reminded me of the events of the October crisis in 1970.

I was only 11 years old at the time, so I didn’t fully comprehend everything that was happening. I was shocked to see military vehicles in the streets and to hear that some of our artist friends had been arrested, including Gérald Godin and singer Pauline Julien.

These events were even one of the main reasons why I chose to study political science and do a number of papers, perhaps too many, on the October crisis and the arbitrary arrests under the War Measures Act.

Fifty years later, I am a senator, and I have to vote on the government’s motion to confirm the invocation of the Emergencies Act to end the protests in Ottawa. I want to say from the outset that these two pieces of special legislation are very different from one another.

When the debates on this subject began last week, it was clear to me that this was not going to be an easy decision. Whatever might be said on either side, I don’t see this as a clear-cut situation with an obvious answer.

There were certainly factors justifying a strong response from the government: the Ottawa police’s obvious inability to get the situation under control; the very organized nature of the protest, which turned into an illegal occupation of a section of Ottawa; foreign funding and support for the protesters; critical infrastructure blockades and collateral economic harm; threats, racist symbols and vandalism; the seditious nature of some of the messaging; the exploitation of children; mounting social and economic costs, including for many Ottawa residents, who had nothing to do with the protest and lived through a nightmare; and, lastly, the possibility that failure to punish illegal acts could gradually undermine the rule of law in Canada.

I would also note that the Emergencies Act, in addition to being subordinate to the Canadian Charter of Rights and Freedoms, contains several provisions aimed at preventing abuse of authority, such as the parliamentary committee and the mandatory inquiry. Will they have the tools they need to get all the facts though? Of that I’m not certain.

Should the Senate adopt the motion, the government will not have unlimited discretionary power, because the declaration expires in 30 days. That is one way the Emergencies Act is more proportionate than the old War Measures Act.

That said, as early as last week, other aspects led me to wonder whether the government had demonstrated unequivocally that the disruption in Ottawa did in fact constitute a “national crisis,” in other words:

 . . . an urgent, temporary and critical situation that seriously endangers the health and safety of Canadians or that seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada.

I noted in particular that the barricades at the Ambassador Bridge and the blockades in Alberta and Manitoba were removed through the usual legal tools, without the need to invoke the Emergencies Act, and that the disruptions did not lead to any serious injuries or significant damage to property. I also noted that seven provinces, specifically Quebec, Alberta, Saskatchewan, Manitoba, New Brunswick, Prince Edward Island and Nova Scotia, opposed the invocation of the Emergencies Act, and that several experts and specialists had expressed doubts about the need to invoke the legislation and the alleged inadequacy of the tools already available to law enforcement.

Comparing the events in Ottawa with certain other crises also brings into perspective the urgent, serious and critical nature of what we’re experiencing today. Consider, for example, the student strike in Quebec in 2012. It led to several months of protests, often at night, which involved violent clashes between protesters and police and caused a great deal of property damage. There was also the Oka crisis in 1990, which resulted in a 77-day blockade and two deaths. In both cases, the Emergencies Act was not invoked.

I also thought about some of the more recent protests abroad, including the major disruptions caused by the Black Lives Matter movement in the United States, or the Yellow Vests in France, which lasted several months and caused injuries and a lot of material damage. In each of these cases, the governments did not invoke the equivalent of the Emergencies Act.

I also note that while the government’s decision to invoke the Emergencies Act was justifiable, the measures announced seem to cast a very wide net and could set a dangerous precedent. In particular, I will mention that all citizens are prohibited from simply participating in, or travelling to, a public assembly that may be expected to lead to a breach of the peace. The very broad designation of protected places includes such places as Parliament Hill or the government buildings, where citizens have to be able to protest peacefully. Then we have the unprecedented bans on financial contributions that ordinary citizens can make to protesters.

[English]

In recent weeks, the government has also repeatedly mentioned the international dimension of the crisis. For the government, the disruptions in Ottawa and elsewhere have damaged Canada’s image as a stable and economically secure country. These are legitimate fears, but these are not the only ones that have been expressed abroad. The Economist magazine wrote last week that invoking the Emergencies Act was a terrible idea that could make Canada a more rancorous or bitterly divided country.

For all these reasons, I was hesitant last week. There are arguments on both sides. I did not believe the government had made an unequivocal demonstration that Canada is going through a national crisis, that the tools ordinarily available to law enforcement were insufficient and that we had reached the law of last resort. But I was also aware that my perception of the Emergencies Act is coloured by my personal experience in Quebec’s history, and that in this case this law was primarily aimed at a crisis in Ottawa.

I thought that while the government didn’t deserve a blank cheque, it could still get the benefit of the doubt at least temporarily. But the reality is that the situation has changed considerably since last week. As The Globe and Mail wrote the day before yesterday:

. . . the question before Parliament is not: “Was Canada facing an unprecedented national emergency, a week ago?” It is rather: “Is Canada facing an unprecedented national emergency, today?”

Last week, there were arguments both for and against the Emergencies Act, but the changed circumstances and the basic facts on the ground have greatly strengthened the arguments against to the point where they are overwhelming.

[Translation]

The government keeps saying that it is assessing the situation from day to day and hour to hour. Our assessment of this motion also has to keep pace with the circumstances. Today, there are still some tractors and trucks parked in downtown Winnipeg, but there are no more blockades in the country. The City of Ottawa has been cleared. The most radical occupants have retreated. The extremist threat, which has existed for many years, seems more diffuse. Although some doubts remain with respect to the need for the Emergencies Act to resolve the crisis last week, there is no doubt that the urgent, critical, national crisis has passed.

In response to questions, the government claims it is necessary to maintain this legislation for preventive reasons in order to minimize the risk of new protests. I do not believe, however, that a government can invoke the Emergencies Act preventively or as a risk management tool. In every society, even in Canada, the risks will continue to exist. In my opinion, the government cannot justify using this legislation by pointing to an undefined risk, a hypothetical threat or a potential disruption.

In light of what is generally happening across the country, the government’s assertion that it has secret information about potential dangers is insufficient to justify keeping emergency measures in place. That standard opens the door to obvious abuses. This law is undoubtedly very appreciated by the police, and I commend their efficiency, professionalism and restraint. It goes without saying that this law can be useful and effective, but the issue before us today is whether it is still absolutely necessary.

The government has also stated that the decision to invoke the Emergencies Act was well received by Canadians. I have no doubt that is true. However, that is not the issue. The Senate has the privilege and the responsibility of reflecting and voting free from electoral considerations.

I also note that if the Senate were to vote against the government motion this week, it would not retroactively invalidate the decisions made and actions taken since the proclamation was made. I find this to be compatible with the legitimate idea of giving the government the benefit of the doubt with respect to the situation that prevailed last week. However, I have received no satisfactory answer on the key issue today. What threshold and what criteria will serve to determine when the government suspends the use of this act?

The real challenge the federal government is now facing is how to maintain social cohesion in an increasingly polarized society. My colleagues, Senators Kim Pate and Paula Simons, eloquently covered this issue yesterday.

I helped organize a UNESCO conference in Quebec City. Its theme was “Internet and the radicalization of youth: Preventing, Acting and Living together,” and it examined how radicalization can lead to violence. Quebec and Canada are not immune to this phenomenon. Social media amplifies all this anger, and the health measures have become a rallying cry. It is very worrying. However, it is reassuring in the short term to see that the situation on the ground has changed.

Today, I cannot see any real ambiguity that would persuade me to vote in favour of confirming the Emergencies Act. I will, however, listen closely to my colleagues’ arguments as we await the vote on Motion No. 17. Thank you.

[English]

Hon. Scott Tannas: Honourable senators, I would like to start by thanking all senators for your interventions. It’s in moments and situations like these that rarely occur in our chamber — but with some regularity over my nine years — that I’m reminded of the incredible talent and wisdom that we have in this chamber.

I often say to people that Canadians should read the biographies and tune in once in a while to the Senate.

Truly, this has been a tremendous debate. I have to say that I’m envious of the certainty with which people have put forward their positions, with disciplined arguments advanced by both sides. In fact, there was an excellent juxtaposition of that with Senator Arnot and Senator Marshall, who had opposite plans, and both made what I found to be powerful presentations for their position.

I find myself out of my element. It doesn’t happen very often to me. I find myself almost detached and in a surreal situation, like an observer. I’ve always been able to draw on my personal and professional experience, but it has always been anchored and confirmed by the values of my family and my community. This isn’t available to me today. My community, my country, is severely divided. We can’t have a discussion about anything anymore because we can’t even agree on the facts.

This is a very distressing time in Canada. I’m not seeing leadership. I’m not seeing leadership to bring us together. I’m not seeing leadership from any quarter, whether it is the Prime Minister’s Office or the Leader of the Opposition’s office, the premiers. It is no wonder that we continue down this path.

I’d like to thank the truckers of Canada. According to the Canadian Truckers Association, there are 320,000 Canadians working in the trucking industry. It’s about 2% of the entire workforce in Canada. Day in and day out, they deliver food and goods of all sorts to and from Canada, to and from neighbourhoods, to and from homes. During COVID, we actually relied more on their work. We asked them to do more than they usually do. We all bought items and had them delivered to our homes when we would normally have gone somewhere and purchased them. For much of the time, they did it with no vaccines. No one had vaccines available to them. They did it anyway.

Their work is difficult and, in many cases, it is solitary. They’re by themselves. The road and traffic conditions are often dangerous.

I want to say to the truckers of Canada, you are appreciated, you’re valued and you’re respected. Your collective reputation has been appropriated by many people and many organizations for their own purposes in this unsettled time, but reasonable people recognize that.

I want to thank peace officers who showed remarkable skill, restraint and determination over the past few weeks as they necessarily restored the public order in Coutts, at the Ambassador Bridge and other places, but especially here in Ottawa.

Two weeks ago, I had the opportunity to walk through the Ottawa convoy protest site on Wellington Street on a couple of occasions. Anyone who visited that site could not help but notice that this particular protest was populated by people from across the country, from coast to coast to coast as people like to say. They were represented by many cultures, creeds and political perspectives, some of them wacky, but the vast majority of them represented by millions of Canadians.

I have to say that I followed some of the media coverage as the convoy started out West and rolled towards Ottawa. I didn’t follow it closely. The media presented it as a ragtag group of westerners that were coming to Ottawa. We’ve heard discussions similar to the yellow vests and the energy support group that came from the West and they were on their way to Ottawa.

I was very surprised when I arrived up on the Hill to find that the vast majority of trucks that were parked there were from Quebec and Ontario. I actually couldn’t find an Alberta truck on Wellington Street. I have not heard one word from anyone in the media about the fact that this protest was national in nature.

I have never heard anyone ask how these crazy Albertans who have been arrested managed to communicate with all these people in Quebec — if this is a conspiracy — to come to Ottawa on this day. It strains credibility to believe that those folks — because I don’t believe any of them speak French or have a network in Quebec — were able to convince that many truckers from that province — and I am using it as an example — to come to Ottawa.

The fact is there was a groundswell of support from across this country. It’s that simple. Millions of Canadians identified with the protest. Millions of Canadians still feel the way that they did when they identified with that protest. Thousands upon thousands of Canadians gave $10 and $5 and $20 to that crowdfunding site because it made them feel good that they had a hand in supporting what was going to be a protest in Ottawa against continued government intrusion in their lives after the last two years. I don’t believe that it is any more complicated than that, but we’ll see.

You know, the sad irony of what happened on February 14, when the Emergencies Act was invoked, is that while people were here to protest intrusion by the government in their lives, the answer to the problem was more intrusion in their lives through the Emergencies Act. It’s brought the temperature up.

I agree with Senator Saint-Germain and Senator Marshall and others; it should never, ever have come to what it did come to. A three-week illegal occupation should never have been allowed to occur. There is lots of blame to go around, and the inquiry that will follow, I hope, will be unflinching in assigning that blame where it belongs, in finding out the facts and assigning responsibility. And I hope that the people and the organizations that are found wanting take responsibility for it.

Nonetheless, colleagues, I believe that the government made a decision to invoke the act based on facts in their possession in a very volatile situation, and in that moment, they did their job. They made the decision, and I believe they made it responsibly.

That decision was made nine days ago. Since then, the Coutts protest, the Ambassador Bridge protest and the Ottawa blockades and occupations have been stopped. The streets have been cleared. Traffic is going on Wellington Street and on the other streets as it did before. There has been a clean-up, and preventive measures need to be instituted, and I have every faith that the police and the relevant authorities will take those preventive measures.

Senator Gold made a defence of why we need to continue the Emergencies Act today, but I don’t believe that we are anywhere near any kind of definition of a national security emergency here today on February 23.

Canadians are divided about the use of the Emergencies Act. There is no question about that. A few days ago, in fact, after the invocation, there was a poll conducted by Mainstreet Research which highlights this fact. Of those Canadians polled, 39% strongly oppose the Emergencies Act and its use now; it’s repugnant to many of those people. Conversely, 38% strongly agree with the invocation of the Emergencies Act, and the rest of the folks either somewhat oppose or somewhat support or don’t have an opinion. So 39% versus 38% means that we’re divided. The majority is divided.

So I think that we need at this moment in time to consider this motion not for its utility in approving a decision that happened nine days ago. I think we need to consider whether or not this divisive action is still needed today.

With all of that, on these insufficient words, I will leave it there. I will vote no to the continuation of the Emergencies Act on the basis that I believe it is no longer needed, and it is doing nothing but dividing Canadians and will do so in increasing numbers every day, every hour, that it is in force. Thank you.