44th Parl. 1st Sess.
February 17, 2022 10:00AM
- Feb/17/22 12:42:31 p.m.
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Madam Speaker, I listened to the member's speech on CPAC as I was walking over here. I want to try to reduce the tone of this debate, so I will respectfully point out a couple of things.
First, what happened in Coutts, Alberta, is extremely concerning for any Canadian, and I presume all parliamentarians who are concerned about violence.
Second, people, including some outside of this very building, have openly called for the overthrow of a duly elected government, including an entity that is calling itself Canada Unity. I think that is direct evidence of an ideological imperative or agenda that is being pursued.
Last, I will gently point out one thing to the member opposite, and I appreciated his submissions, with all sincerity. All that is being extended here with respect to laws that are already compliant with section 8 of the charter, which relate to unreasonable search and seizure and FINTRAC, is ensuring that FINTRAC can be applied to cryptocurrency and crowdfunding sources. Is that not a necessary initiative given the foreign funding that is streaming into this country right now? If the member could—
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- Feb/17/22 1:39:30 p.m.
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Madam Speaker, I welcome the hon. member to the House as a new member and a fellow member of the bar. I would politely point out that an emergency—
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- Feb/17/22 1:39:50 p.m.
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Madam Speaker, the member indicated he read the statute. He knows full well that, in terms of COVID, enacting a public welfare emergency requires the provinces to initiate such a request. No request was forthcoming.
Second, he asked what steps have been taken. The first step was actually the City of Ottawa declaring an emergency, which did not render the results. The next step was the Province of Ontario declaring an emergency, which has not rendered results. The final step is this very important debate that we are having today.
I want to put to the member an issue about the capability of the province under its authority to deal with this, which is clearly an issue because the provincial order that has been made by Premier Ford fails in two important respects. It does not compel essential workers like tow trucks to actually tow vehicles away. Second, it cannot compel a vehicle's licence to be suspended when that vehicle originates in another province such as one of the western provinces.
Are those not instances of a lack of provincial authority that necessitate the usage of the Emergencies Act in this case?
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- Feb/17/22 1:54:57 p.m.
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Madam Speaker, I respect the member opposite a great deal and served with her on the justice committee in the last Parliament.
I have heard the narrative throughout the debate thus far that the tools are no longer necessary, because the blockades at the border have been cleared. I would also put to her a few simple facts, simply from one lawyer to another.
We know that there was an attempted resurrection of the blockade in Windsor just yesterday, and the Windsor police used the tools under the Emergencies Act to their benefit in preventing and thwarting that quickly. We also know that protesters who have threatened to take up arms have openly declared that they will be returning to Quebec City on February 19 in front of the Assemblée nationale, and we know the type of arms that were seized at Coutts.
Do these threats and ongoing threats not merit the necessity of using a federal power, including the Emergencies Act, to deal with what is an ongoing, current and future situation in this country?
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- Feb/17/22 3:26:02 p.m.
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Mr. Speaker, I will be sharing my time with the member for Surrey Centre.
I rise today with some humility. I rise to speak not on behalf of a political party, because I firmly belief this issue cannot be partisan today. I rise not as a representative of a particular community, because I do not think it is a regional issue that we are discussing today. I rise today, in all sincerity, as a member of Parliament, as a member of this chamber, the House of Commons, committed to serving the public, to serving all Canadians in a genuine effort to do what is best for our country.
At this stage, I firmly believe that the only way to resolve the present threat that is facing this country is to declare a public order emergency under the Emergencies Act.
I want to start by talking about the charter. Let me state at the outset that the right to freedom of expression is sacrosanct in this country. It is entrenched in section 2(b) of the charter for a reason: because it is the hallmark of our democracy, and indeed of any democracy. It is the ability for citizens to voice their discontent, to challenge authority and to seek change. I do not deny any of this. To the contrary, I vigorously defend it. I also do not deny that the people gathered outside this very chamber right now, who have been on the streets of Ottawa for what is now 21 days, have legitimate grievances; criticisms of my government, of my party; perhaps even of me personally, which they have every right to air.
However, in our democracy, freedom of expression, while sacrosanct, is not absolute. This charter protection under section 2(b) extends toward lawful, peaceful protest; the charter does not protect illegal, violent blockades. It is the latter, unfortunately, that this protest has devolved into.
I want to reference Ottawa. How do I substantiate this assertion I just made? I substantiate it with the evidence I gathered with my own eyes and from the accounts of other parliamentarians that have been shared with me.
Far from seeing people exercising their constitutional rights to disagree vigorously with the government, we have instead seen intimidation, threats and harassment. We have seen deliberate nuisances being created by truck horns blowing at all hours of the day and night, rendering the city effectively uninhabitable for local residents. We have seen open displays of hatred, such as swastikas and Confederate flags, and acts of direct hatred when windows are smashed on coffee shops that dare to fly the pride flag. We have seen the desecration of national monuments, including our national war memorial. We have seen deliberate efforts to block the movement of people and goods by people intentionally disabling large vehicles and trucks by activating their air brakes or actually removing the tires from their vehicles. We have seen death threats follow toward an Ottawa tow trucking company accused of being complicit with police efforts to remove such disabled vehicles.
We have seen the shuttering of businesses in the entire downtown core, impeding residents' ability to work. It is puzzling, to say the least, to see protesters who claim to eschew lockdowns themselves causing Ottawa's downtown to enter into a lockdown for a period of now three weeks. We have seen intimidation and threats toward the media, again ironic for those who would be more ardent defenders of freedom of expression than even I am, in terms of what I have articulated. We have seen the active sabotage of 9-1-1 emergency call lines and even an attempted arson.
The protest ostensibly began over vaccine mandates. It has morphed into what resembles an occupation of the city by people who have openly declared on the public record that they are seeking to overthrow the government. That constitutes a complete breakdown of public order in Ottawa. Despite efforts from the Ottawa Police Service, law and order in the nation's capital have been impossible to maintain.
The evidence that I am outlining here extends beyond the nation's capital. Members have heard references to the borders. I want to address this now. What commenced as a protest targeting this city and this Parliament has emerged as a concerted effort to block our national border crossings and impede the flow of people and goods. In Texas and Florida and in other parts of the United States and indeed in other nations, foreign entities openly and publicly have declared their sympathy with the blockades and admitted to sending money and resources to help the blockades continue. Today the Anti-Defamation League showed a result of their analysis of the GiveSendGo website; it found 1,100 people in the United States who supported the January 6 insurrection last year actually donated money under GiveSendGo to these blockades. Just let that settle in for a moment, in terms of what the motivations are for such types of people.
The blockades that have emerged around the country are deliberately targeting critical infrastructure. We know about what happened at the Ambassador Bridge in Windsor and Detroit. The multi-day siege on Canada's busiest border crossing alone, and I am now wearing my hat as the parliamentary secretary for international trade, resulted in the suspension of nearly $400 million in daily trade between Canada and the United States, the cancellation of shifts at multiple auto plants in southern Ontario and an intervention by President Biden and the Governor of Michigan showing that confidence in Canada as a safe place to invest, do business and trade with is starting to erode.
Blockades have occurred in Surrey, Emerson and Coutts, Alberta. What should be startlingly alarming for every person in this chamber and every Canadian watching right now is that when members of the RCMP went to clear the Coutts border crossing, they made 13 arrests, including laying charges for conspiracy to commit murder. They found firearms, ammunition and body armour. That bore out certainly my worst fears, and I think all of our worst fears, that blockade protesters were armed and preparing for violent confrontation with law enforcement. The violence is continuing to ratchet up. We have had bomb threats at a Vancouver hospital as well as suspicious packages and language about hanging members of Parliament being sent to colleagues of mine from Nova Scotia.
I am laying this all out in such excruciating detail because there is a legal test that must be met when we are doing something that has not ever been done under this legislation or even in this country under antecedent legislation in 52 years. The test is high, as it should be, when we are considering a statute that temporarily permits the suspension of civil liberties.
What is the test? It is entrenched in section 3 of the Emergencies Act, which states:
a national emergency is an urgent and critical situation of a temporary nature that
(a) seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or
(b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada.
It is my fundamental belief that this high legal threshold has been met in this case. When we have a blockade laying siege to an entire city for 21 days and counting, intimidating, harassing and threatening locals and rendering a city uninhabitable, it is endangering the safety of Canadians. When those blockades limit the ability of medical first responders to respond quickly to emergencies, they are endangering the lives of those on the other end of those 911 calls. When factions armed with weapons and ammunition are blockading borders, they are directly endangering the lives of Canadians. When groups are deliberately blocking trade corridors with our single largest trading partner, grinding our border traffic to a halt, they are threatening the ability of the federal government to preserve our sovereignty and economic security. These are important.
In the last two minutes, I want to address some of the general objections we have heard, not just today but prior to this.
To those who say there is an overreach here, I say there are five checks that are important.
First, everything done by a government under the Emergencies Act must be done in accordance with the charter. That is entrenched in the preamble.
Second, all declarations are time-limited to 30 days and no more. In fact, it may be less, and hopefully it will be less in this context.
Third, the very act of declaring an emergency under the declaration must be reviewed by a committee of all members of Parliament and senators from all parties.
Fourth, the exercise of powers under the declaration must be reviewed by that committee.
Fifth, following the end of an emergency, a full inquiry must be held.
What we are doing is not a power grab and it is not the invocation of the War Measures Act; we are simply giving the RCMP the power to enforce local laws and work quickly with local law enforcement. We are not calling in the armed forces. We are not putting the RCMP or any other police force under the control of the government. Policing operational decisions remain independent, as they must in any democracy.
I am going to end with the right to protest, because people have asked about their children's rights to protest. I take this very seriously, because I myself have taken my children to protests. This law talks about the right to lawful protest. It is in entrenched in black and white. The measures we are contemplating would address or prohibit public assembly that is a threat leading to a breach of the peace; we are specifically carving out the right of lawful advocacy, protest and dissent.
I would say this to those who say the threats have been addressed: Windsor had an attempted blockade yesterday, and we know the protesters are returning to the Quebec National Assembly on February 19.
I will conclude with this sincere undertaking to the members of this chamber and all Canadians: I will do everything in my power to ensure that this act lasts for only as long as is absolutely necessary; I will do everything in my power to ensure that there is no overbreadth; I will do everything in my power to ensure that charter rights are always fundamentally protected. All members of Parliament should strive for nothing less.
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- Feb/17/22 3:37:14 p.m.
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Mr. Speaker, I want to make clear, as the member for Calgary Shepard has read the material, as I hope everyone who is participating in this debate has read the material, that it talks about certain regulations, certain powers and certain prohibitions. One of the prohibitions is on assemblies that would lead to a breach of the peace, but what is important, and what the Prime Minister and every cabinet minister has said, is that everything that is undertaken under this emergency declaration must be done in compliance with the Charter of Rights and Freedoms.
The Charter of Rights and Freedoms talks about charter liberties. It also talks about limitations on such liberties that are saved under section 1. That is the important facet all Canadians must recognize, and that is the important facet under which we will operate as a government. That is what all parliamentarians must operate under, because the charter and those fundamental rights are sacrosanct in our democracy.
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- Feb/17/22 3:38:47 p.m.
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Mr. Speaker, I do not want to get into hypothetical situations or backtrack. However, what I do want to point out is that the City of Ottawa and the Government of Ontario have declared a state of emergency. Both levels of government were unable to resolve the situation here, in Windsor or anywhere else.
The third and final step is to use the Emergencies Act, if it would help, to resolve the situation. This is a serious situation, and it requires serious action.
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- Feb/17/22 3:40:59 p.m.
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Mr. Speaker, what I am trying to do is address the situation that has really seized the city and seized this nation. As opposed to turning back the clock and engaging in what-ifs or hypotheticals about what could have been done previously, we are quite directly, and the Deputy Prime Minister and Minister of Finance addressed this in question period, addressing lacunae in financial tracking legislation right now, as that is one of the economic measures contained in this declaration. It allows us to address who is funding, including foreign sources, this particular illegal blockade and make sure it is brought to an end.
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