44th Parl. 1st Sess.
February 20, 2022 07:00AM
- Feb/20/22 12:25:18 p.m.
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Madam Speaker, I will be sharing my time with my colleague, the member for Rivière-du-Nord.
The Talleyrand quote “all that is excessive is insignificant” could have been said today about the situation we are debating in the House.
Yes, we are in the midst of a crisis, but the federal government chose to enforce an act by proclamation, which would allow the state to infringe on citizens' rights. Although the government could have taken many different paths, it chose to break out the heavy artillery. All that is excessive is insignificant.
The Liberal government claims that the Emergencies Act is necessary to resolve this crisis, but in reality, it needs to use this act because it was unable to properly manage the crisis from the outset. This type of act is meant to be used exceptionally, especially if it was designed to apply to Quebec. The War Measures Act may have gotten a new name, but it still brings back bad memories for Quebec.
If I may, I would like to provide a brief history of the introduction and use of the War Measures Act and the Emergencies Act. The War Measures Act was introduced and came into force in 1914, at the beginning of the First World War. Its purpose was to give additional powers to the government in the event of a war, invasion or insurrection. The act was used again in 1939 because of the Second World War.
The third time the government invoked this law—we still remember it in Quebec—was during the October crisis in 1970. Immediately following the adoption of an executive order issued during the night at the request of Pierre Elliott Trudeau's government, the army took to the streets of Montreal in large numbers, striking terror and fear in the hearts of all Quebeckers. That was when their rights and freedoms were trampled on. In total, 497 Quebeckers were arrested and thrown in jail without reasonable cause or recourse. It happened before I was born, but the people have certainly not forgotten: “Je me souviens”.
In 1988, the Emergencies Act replaced the War Measures Act. The new act changed the way the federal government can use extraordinary powers in times of crisis. Since it was passed, the government has never invoked it, so why now?
To answer that question, let us look closely at the present situation and the invocation criteria for this act. To have the right to invoke the act, the government must prove two things: first, that a dangerous and urgent situation exists; second, that it is impossible to deal with the situation with any other existing law.
First, is the current situation dangerous and urgent? The government does not meet this requirement for the unilateral application of the act. Allow me to demonstrate. On January 15, 2020, proof of vaccination against COVID‑19 became mandatory to cross the Canada-U.S. border. Two weeks later, on January 29, a truckers' movement opposed to this measure decided to gather and protest on Parliament Hill in Ottawa. So far, it all seems reasonable, because the right to protest and freedom of expression are guaranteed by both the Quebec and the Canadian charters of rights and freedoms.
The protest that was supposed to last a few days at the most turned into an occupation of the downtown area. At that point, the government should have dealt with the situation. Instead of taking action, the government washed its hands of it, claiming that crisis management was the Ottawa police's responsibility. On February 6, the City of Ottawa declared a state of emergency and the next day, on February 7, the Ottawa police force requested assistance from the federal and Ontario provincial governments. On February 11, the Ontario government declared a state of emergency, granting additional resources and powers to law enforcement services. The federal government continued doing nothing, except to polarize the public with inflammatory statements.
Let us keep in mind that in addition to the Ottawa siege, border blockades were set up in Ontario and elsewhere in Canada, in such places as Alberta, Manitoba and British Columbia.
However, these situations were resolved through existing laws. The same was obviously true for the protests in Quebec City.
As to whether this was an urgent and critical situation, if the situation was cause for concern, that was only true in Ontario, specifically in Ottawa, and nowhere else, especially not in Quebec. The Emergencies Act was to be used in a reasonable and proportionate manner, as the government had announced. That is clearly not the case.
The Liberal government's lack of leadership caused to the situation to deteriorate. Each day of inaction strengthened the protesters' position. Each day required more effort to enforce the law and each day the Prime Minister refused to take action, choosing to throw fuel on the fire with disparaging statements. As a result, the offenders were allowed to organize. They were allowed to set up tents, toilets, kitchens, cafeterias, a stage and barbecues. They even let them install a hot tub. A hot tub impeded the smooth functioning of democracy in a G7 nation.
By allowing the situation to fester, the Prime Minister gave the protesters time—time to fortify their position, time for radicals to get from one coast to the other or to cross the border, and time for foreign elements seeking to destabilize democracy in Quebec and Canada to raise funds in support of the offenders. Had action been taken earlier, we would not be here in Ottawa on a Sunday. We would be home with our constituents, which is where we should be.
Invoking the Emergencies Act is a massive smokescreen, a diversion to trick Quebeckers and Canadians into looking elsewhere so they will forget how things got to this point. It is unnecessary, dangerous and disproportionate. To be clear, the January 29 protest no longer has anything to do with the die-hards who decided to place the House under siege. Those who continue to resist, if any, are extremists who should have been contained by law enforcement long ago.
Now let us turn to the second criterion for invoking the Emergencies Act. The situation must be such that ordinary laws cannot address it.
Could the crisis have been addressed with existing laws? The answer is yes.
These protesters had been breaking the law for weeks. All the police had to do was enforce the laws already in place, and the whole thing would have been over in two days. The government had plenty of options. The Criminal Code is full of offences that were committed by the protesters.
Subsection 63(1) talks about “unlawful assembly”; section 64 defines the term “riot”; section 68 deals with people who fail to peaceably disperse and depart from a riot; section 430 talks about “mischief”; subsection 181(1) describes “common nuisance”; subsection 423.1(1) talks about the intimidation of a journalist; and section 129 talks about the obstruction of public officers or peace officers.
Some police authorities claimed recently that the only solution was the integration of the various police forces involved. However, there is no need for the Emergencies Act to request reinforcements and coordinate efforts. The RCMP, the Parliamentary Protective Service, the OPP, municipal police forces from neighbouring cities and even the Sûreté du Québec were already working together, and this legislation was not required.
As for the claim that the occupation could not be dealt with using ordinary legislation, as I have demonstrated to the House, the Criminal Code was already more than adequate to deal with the threat.
The government decided to use legislation by proclamation, in other words without consulting the opposition parties or allowing the smallest amendment. By ignoring those who were elected by the majority of the voters, this minority government is undermining its legitimacy and proving its detractors right. The Prime Minister decided to ignore the verdict of the voters, who gave him a minority mandate. He is acting as though he was granted all the power. That is not what the voters chose.
The government could use the act in specific locations, when the provinces request it. Quebec made it clear to the federal government that it wanted absolutely nothing to do with its emergency measures. Several Canadian provinces did the same. Rather than consult the provinces and Quebec, the Liberal government chose to impose an act that applies across Canada.
This law therefore cannot be limited. It is foreign to the reality of Quebec. It should not apply to Quebec.
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- Feb/20/22 12:36:15 p.m.
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Madam Speaker, I would like to thank my hon. colleague for his question, which allows me to repeat something I said.
Yes, integrating the various police forces was probably necessary, but the Emergencies Act was not needed in order for the various police forces to work together and coordinate. This means that the law is unnecessary.
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- Feb/20/22 12:37:59 p.m.
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Madam Speaker, I thank my hon. colleague, with whom I have the pleasure of sitting on the Standing Committee on Public Accounts.
I agree that this is a huge smokescreen. As I said in my speech, there was no need for this legislation.
Given its minority status, the government does not have the democratic legitimacy to impose such a far-reaching measure. The Emergencies Act cannot legitimately be applied because it does not meet the two criteria necessary to invoke it.
As representatives of the Quebec nation, we in the Bloc Québécois have the legitimacy to oppose it.
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- Feb/20/22 12:39:24 p.m.
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Madam Speaker, I thank my esteemed colleague for her question.
I agree that Ottawa residents have suffered enough. I hope that I explained in my speech, and now in my answer, that this blockade should never have taken place.
The government's mistake was to allow the protesters to settle in and get organized. Things should never have gotten to that point. Extremists should never have gained so much visibility.
It was a mistake for the government to let this happen. It should have acted earlier, and it should never have gotten to the point of illegitimately invoking this law.
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- Feb/20/22 3:22:14 p.m.
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Mr. Speaker, I thank my colleague for her speech.
We heard her present a long list of isolated incidents.
Does my colleague think it is right for the government to invoke an act with such huge ramifications in order to deal with isolated incidents?
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- Feb/20/22 3:50:22 p.m.
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Mr. Speaker, I thank my colleague for her speech, in which she very eloquently explained all the reasons for which this legislation was not necessary.
Does my hon. colleague agree that, even if it was necessary to use the Emergencies Act in downtown Ottawa, the law could and should have been limited to this city instead of being enforced across Canada?
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