Some difficult questions must be asked and answered by an emergency law inquiry


Commentary

Assuming Judge Paul Rouleau takes his role seriously as a member of a public inquiry into the use of emergency law earlier this year, it will be difficult for the government to justify its actions.

Emergency law is the most powerful law the federal government has. The enforcement of this law will allow citizens to suspend their civil liberties in the event of an emergency. The use of such force can never be underestimated. Therefore, law modelers have incorporated into the law a clause that requires an independent investigation within 60 days of the use of the law. This investigation could cause as many problems for the Liberal Party and the NDP as the leaders of both parties acted together to take action.

The government must prove that they have been forced to enforce the law, and the Parliamentary Commission hearing on this issue will reveal information, so that the government should make a legitimate claim. I can not see.

For each act:

“For the purposes of this law, National emergency An urgent and serious situation of a temporary nature,

  • (A) It is of a proportion or nature that seriously endangers the life, health or safety of Canadians and exceeds the state’s ability or authority to deal with it.
  • (B) Seriously threatens the Government of Canada’s ability to maintain Canada’s sovereignty, security and territorial integrity

And it cannot be effectively dealt with under other Canadian laws. “

Based on that definition, there are some questions that we expect and expect to be asked in a judicial inquiry.

Did the truck driver Freedom Convoy protest the national emergency in the first place? It was just installed in a part of the city of Ottawa, and it is hard to say that it affected other parts of the country. The Houses of Parliament is Canada’s powerhouse, but recently I’ve seen the government show how to continue business through zooming in during a crisis. Indeed, if it was an emergency, it was local, not national.

Did the protest seriously endanger the life, health, or safety of Canadians?

Epoch Times Photo
Police will confront demonstrators participating in the Freedom Convoy, which opposes the Vaccine Directive in Ottawa on February 19, 2022. (Scott Olson / Getty Images)

The answer must be no. The protests lasted for weeks, frustrating and inconvenient for the locals, but no one was at risk, injured or injured. It is worth noting how peaceful such a large and lasting protest was.

A suspicious claim was made Attempted arson Protesters and it Firearms were confiscated From the protesters.Both of those claims were disproved, but it didn’t stop. Minister of Public Security Mendicino From trying to link such an incident to a convoy protest. There were no proven claims of violent or dangerous behavior or intent associated with the protest.

Did the protest seriously threaten Canada’s sovereignty or territorial integrity?

It’s not a chance.

There was something strange “Memorandum of Understanding” Some fringe groups held rounds on the Internet claiming that Senate leaders and governors could expel the prime minister and force them to set up some sort of national governing board. This document is actually unfounded, and most people who participated in the protest had never heard of it. A handful of people who drafted the statement may have certainly wanted to overthrow the government, but it was clearly not a serious threat.

Finally, was it impossible to deal with these protests under other Canadian laws?

Not according to some police chiefs. Mendicino has repeatedly claimed that police have demanded that the government implement an emergency law to deal with the protest, but no police chief has supported the claim.now Mendicino claims He was somehow misunderstood. Few people buy it. I think his excuse is that he doesn’t hold much water in a formal inquiry. Police may have sought additional resources to deal with the protest, but no one felt they could not be put under control under existing Canadian law. Police cleared the blockade at the Windsor Border Crossing without the need for special authority. If they had the time, they could have done so in Ottawa.

The government sincerely hopes that Canadians will forget what happened in Ottawa in February. Judge Rouleau’s investigation will refocus the event within a few months. If the government’s allegations regarding the enforcement of the Emergency Act are as weak in the investigation as before the Special Committee, Roulo will be forced to rule that the enforcement is unjustified.

Unless Trudeau and Singh can pull some rabbit out of their hats, I don’t know how the investigation could end in any other way.

The views expressed in this article are those of the author and do not necessarily reflect the views of The Epoch Times.

Corey Morgan

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Cory Morgan is a Calgary-based columnist.

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