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.