Senator Carignan: Senator Plett, I asked Senator Gold a question this week about the 2021 Democracy Index. I pointed out that Canada had dropped seven spots in a single year and that we are now in twelfth place on the index on global democracy. The indicators used to compile the democracy index include the functioning of government, political participation, political culture and civil liberties.

The invocation of the Emergencies Act gives the government exceptional power to limit people’s rights and freedoms and freeze their bank accounts without a court order. Are you worried that the use of the act will make Canada drop at least another five spots in 2022 and that we will end up among the lowest-ranking countries on the democracy index?

[English]

Hon. Brent Cotter: Will Senator Tannas take one more question?

Senator Yussuff: Gladly.

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 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]

Senator Pate: Would the senator take a question?

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]