44th Parl. 1st Sess.
February 19, 2022 07:00AM
- Feb/19/22 5:42:37 p.m.
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Madam Speaker, I will be sharing my time with the member for Aurora—Oak Ridges—Richmond Hill.
I rise today with a very heavy heart to speak in support of the invocation of the Emergencies Act by our government and the motion in this House to affirm the government's decision. I want to acknowledge that I am speaking from the traditional unceded lands of the Algonquin people. I want to thank the many truckers in my riding of Scarborough—Rouge Park, and the hundreds of thousands of truckers around the world, who have helped us throughout the pandemic.
Ever since I can remember, I have gone to protests. We have been protesting the rights of Tamils on the island of Sri Lanka from the time I was maybe four or five. After the anti-Tamil pogrom in 1983, I demonstrated for weeks on end at the India consulate in Dublin, Ireland. Later in Canada in the 1980s, I protested apartheid of South Africa. In the 1990s, I protested the cuts to education in Ontario under their then premier Bob Rae. In 1995, I organized a vigil and protest right here on Parliament Hill as Tamils were being displaced in the north and east of the island.
In the 2000s, I extended legal supports to protesters at Queen's Park. I did a number of them throughout the decade. In 2009, I was right here in Ottawa and provided legal support to those who were protesting against the Tamil genocide in Sri Lanka. This has been referred to, in the last several days, as the Tamil protest. It started in early February and ended in May of 2009. This included similar protests on University Avenue in front of the U.S. consulate, and I worked with the then chief of police for the City of Toronto, now the Minister of Emergency Preparedness, to ensure those protests were peaceful.
I can recall my nephew, who was 10 years old at that time, going to many of these protests with my late father-in-law. My partner and I took our four-month-old in frigid temperatures to protest on Dundas Square in the winter of 2009. During this time, I also attended protests in Washington, New York and Geneva. I am therefore an ardent believer in the right to protest as a tool of dissent and political advocacy. I believe in the right to protest, and I also believe that children should be part of protests, but not used as shields in an illegal occupation.
Since January 29, 2022, Canada has been gripped by what started off with protesting, and has turned into illegal blockades and occupiers. Many colleagues across the aisle have talked about their interactions with the illegal blockaders. I have a great deal of respect for many of my colleagues across the aisle. They have spoken about their interactions with some truckers and other protesters, and their ability to walk through the illegal blockades and understand and empathize.
Sadly, I do not have that privilege. Many in this House do not have that privilege. Even though, as parliamentarians, we are supposed to enjoy the same level of privilege, I do not share that privilege.
They have called for the overthrow of a government and, de facto, all of us serving in this House. They brought symbols of hate, like the confederate flag, Nazi symbols and others, to the protest. They have destroyed the pride flag. They have threatened media. They have taken food from a homeless shelter. I ask my colleagues opposite to please forgive me if I do not feel the same level of confidence engaging with these so-called protesters.
I would never cast dispersions over a group based on the acts of a few, but after 23 days, many who may feel strongly about the type of hate and vitriol we see on the streets should distance themselves and condemn them, including the Conservative Party of Canada.
The impacts of these illegal blockades on Ottawa, Coutts, Emerson, Surrey and Windsor are profound. These illegal blockades are different in form and substance to the hundreds of protests we see here in Ottawa annually. That is why, after considerable consultation and engagement, our government invoked the Emergencies Act on February 14, 2022. We did so after the City of Ottawa, Windsor and others invoked emergencies in their municipalities, and after the Province of Ontario did so as well.
Ultimately, Canada is a rule of law country. In declaring a public order emergency under the Emergencies Act, we followed the law and are acting within it. There are clear conditions set out in the Emergencies Act in order for a public order emergency to be declared. Our government believes those conditions have been met.
I want to highlight the preamble of the Emergencies Act, which reads:
AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;
Any and all action our government takes will be subject to the charter, and it is the solemn responsibility of the Attorney General to ensure this. The Emergencies Act can only be invoked in specific serious circumstances that amount to a national emergency.
In order to meet the threshold for a national emergency, three conditions must be met. First, we must be in a situation that either seriously endangers the lives, health or safety of Canadians and exceeds the capacity of authority of a province to deal with it, or that seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada.
Second, the capacity of the provinces and territories to handle the situation must be considered insufficient or show gaps. Third, we must conclude the situation cannot be handled adequately under any other Canadian law, including provincial and territorial laws.
Our government believes these conditions were met, and we have tabled an explanation of the reasons for issuing this declaration, as required by this act. We also tabled, as required, a report on any consultation with the provinces with respect to the declaration. I would especially like to highlight and thank for their support the provinces of British Columbia, Ontario, and Newfoundland and Labrador, as noted in the document of invoking the act to respond to this national emergency.
As members have seen, our government introduced targeted orders under the act. While the act technically applies to all of Canada, we have been very careful to tailor orders to be as focused as possible and only those places affected by blockades and illegal occupations will see any change at all.
We introduced the following six temporary measures to bring the situation under control. One, regulation and prohibition of public assemblies that lead to a breach of peace and go beyond lawful protests. Two, designating and securing places where blockades are to be prohibited. Three, directing persons to render essential services to relieve impacts of blockades on Canada's economy. Four, authorizing direct financial institutions to render essential services to relieve impact of blockades. Five, enabling the RCMP to enforce municipal laws and provincial offences. Finally, imposition of fines or imprisonment for contravention of any order or regulation made under section 19 of the Emergencies Act.
There are a number of safeguards built into this act. As required by the act, the Prime Minister met with the cabinet, as well as premiers, prior to invoking the act. After having declared the act, we tabled the declaration within two days, and Parliament has been able to debate it within seven days. In the coming days, the parliamentary committee will be struck and an inquiry will be called. The declaration lasts for 30 days and can be revoked at any time at the will of Parliament.
The situation is urgent. As interim chief of the Ottawa Police Steve Bell said yesterday that the police would not have been able to undertake the enormous operation currently taking in place in Ottawa without the temporary measures extended to it by the Emergencies Act.
We are invoking the Emergencies Act to end illegal blockades and occupations. We are invoking it to restore the rights of those who cannot safely walk the streets of downtown Ottawa and other places.
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- Feb/19/22 5:53:08 p.m.
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Madam Speaker, this gives me an opportunity to respond to this question, which has come up a number of times. I want to specifically direct the hon. member to the Report to the Houses of Parliament: Emergencies Act Consultations. It outlines all of the measures taken by the government in respect to addressing the situation we have seen.
First and foremost, I think that starting on January 31, there were direct conversations with the mayor of Ottawa. There were numerous conversations with the premiers, including Premier Ford in Ontario. There were consultations with the Canadian Association of Chiefs of Police and the Federation of Canadian Municipalities.
I can go on. This is an eight-page document that I hope the hon. member can go through to look at the work we did prior to invoking the Emergencies Act.
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- Feb/19/22 5:54:50 p.m.
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Madam Speaker, no, that is not what this entails. We have a specific set of situations right now in a number of different areas, including Ottawa, Windsor, Coutts, Emerson and Surrey, that do pose a national emergency. This is in direct response to the situation at hand and it does mean that this should be invoked.
I hope the government never has to invoke this again, but we are in a situation where it does have to be, and that is what we have done right now.
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- Feb/19/22 5:56:10 p.m.
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Madam Speaker, I appreciate the question posed by my friend opposite. This certainly does set a precedent in terms of protest. We cannot have blockades of this nature, which literally bring our economy to a halt.
We have gone through the pandemic. We have serious challenges with transport across Canada right now, and we need to make sure that all of our systems are working properly. If the government were to not get involved in a situation where there are such economic losses and job losses, then we would be responsible. I believe we are doing the right thing right now.
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