- Member of Parliament
- Member of Parliament
- Bloc Québécois
- Rimouski-Neigette—Témiscouata—Les Basques
- Quebec
- Voting Attendance: 68%
- Expenses Last Quarter: $115,154.34
- Government Page
- Feb/19/22 9:23:12 a.m.
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Mr. Speaker, my take-away from my colleague from Timmins—James Bay's speech is that he supports the Emergencies Act because there is a national crisis.
Oddly enough, some former NDP MPs disagree. I would like to quote two former MPs, Svend Robinson and Erin Weir, whose statements appeared in an article published on February 18 in the National Post.
Svend Robinson stated that the NDP caucus in 1970 under Tommy Douglas took a courageous and principled stand against the War Measures Act, and that today's NDP under the member for Burnaby South betrays that legacy and supports Liberals on the Emergencies Act. He says that it is shameful and that a very dangerous precedent is being set.
Mr. Weir stated that it is disappointing to see the federal NDP today support the Emergencies Act when there really is not a national emergency as is settled in that legislation.
I would like my colleague to think about this. My question is as follows. The NDP said that it might stop supporting the Emergencies Act, but only on the basis of various emotional criteria that we are still in the dark about.
I would like my colleague to tell us what those criteria are.
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- Feb/19/22 7:49:39 a.m.
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Mr. Speaker, we are all familiar with the saying “do as I say, not as I do”.
That is what the Liberals are doing right now. It is important for them to have polls to back them up so they can justify resorting to the Emergencies Act. The member for Châteauguay—Lacolle said earlier that over 70% of Quebeckers support its use.
However, she forgot to mention that only 347 people were surveyed for the poll. The Quebec National Assembly unanimously opposed the use of the Emergencies Act. Seven of the 10 Canadian provinces are also opposed to the invocation of the Emergencies Act. Does this mean nothing to the Liberals?
What bothers me the most is when the member talks about the rule of law. The rule of law is the opposite of arbitrary law.
Which of the laws in force today is so inadequate as to justify enacting the Emergencies Act?
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- Feb/19/22 7:20:24 a.m.
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Mr. Speaker, my colleague spoke about correct information, and I love information, but what I love most are laws.
There are laws already in place that provide for blockades to be removed. The Emergencies Act will not magically allow for all blockades to be removed. Police forces already have the tools and skills to do so.
The Bloc Québécois understands that a piece of legislation can be insufficient. This legislation can then be amended by order in council. However, the Emergencies Act does not give authorities a magic wand to fix everything.
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- Feb/19/22 7:18:26 a.m.
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Mr. Speaker, I thank my colleague for his question.
The Deputy Prime Minister said that the Emergencies Act would make it possible to freeze protesters' bank accounts or stop illegal funding.
That is not true, however. The existing Proceeds of Crime (Money Laundering) and Terrorist Financing Act already provides for that. This act allows financial institutions to freeze funds that are either obtained through criminal activity or used to fund criminal activity.
The government is trying to spin things, but there is already legislation in place. What the government is saying is completely untrue.
It is not possible to invoke the Emergencies Act without reasonable grounds, as set out in the act.
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- Feb/19/22 7:16:53 a.m.
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Mr. Speaker, I thank my colleague for Winnipeg North for his question.
I was very clear in my speech: There are no grounds for invoking the Emergencies Act. The government has not proven there are any grounds.
How is it that the blockades at Fort Erie and the Ambassador Bridge were removed without the Emergencies Act?
Why does Ottawa currently need the Emergencies Act? What is the legal void?
If someone on the government side could answer these questions today, they might be able to convince me.
The police had all the means and tools they needed. Even the Prime Minister said so.
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- Feb/19/22 7:13:13 a.m.
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Mr. Speaker, thank you for letting me continue after that interruption. As we all know, questions and comments come after members' speeches, so I will pick up where I left off.
After trying nothing at all, how can the Prime Minister claim that we now need to use a legislative atomic bomb? What happened between February 11, when he was saying that the Ontario Provincial Police had all the resources needed to put an end to the crisis, and February 14, three days later, when he invoked a law that has not been used in over 35 years?
Why did the Prime Minister extend the application of the act to all of Canada when six provincial premiers and the Premier of Quebec have openly spoken out against the use of the act on their territory?
On February 15, the Quebec National Assembly unanimously adopted a motion that states “that no emergency situation currently justifies the use of special legislative measures in Quebec” and that “it ask the Canadian government not to enforce the Emergencies Act in Quebec”. This could not be any clearer. Why did the Prime Minister choose to go against this consensus reached by Quebec and some of the provinces?
I would like to close by adding that I stand with the citizens of Ottawa and Gatineau, who have been prevented from enjoying their neighbourhoods, their city and their peace of mind for more than three weeks. I myself have spent these past few weeks in the region, and I have directly experienced the extent of the nuisance caused by the illegal protests to all residents.
It is time to put an end to the siege of the City of Ottawa. Citizens must get their lives back. That is why the Bloc Québécois understands that certain measures must be taken, but it does not believe that the use of such a legislative hammer is justified. The Emergencies Act was designed to address the shortcomings of existing laws, not the shortcomings in the government's and the Prime Minister's leadership.
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- Feb/19/22 7:04:44 a.m.
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Mr. Speaker, I will share my time with the member for Abitibi—Témiscamingue.
This crucial debate is not to be taken lightly. It was prompted by an event that will go down in the history of the Canadian federation, though not as one of its most glorious moments.
Let me say off the top that I am against the use of the Emergencies Act as set out in the orders, and I am definitely against its use in Quebec. To support my argument, I will review what the act does.
As its name suggests, the Emergencies Act is a tool of last resort that can only be used when a situation is so imminent, so overwhelming and so insurmountable a threat, that it is strictly impossible for the government to control it under existing legislation.
The consequence of the application of the act is that the executive may, by order, impose measures to ensure the safety of Canadians, the territorial integrity of the country and the protection of the constitutionally established order. This may include prohibiting movement or assembly, regulating the use of specified property, taking control of public services, imposing fines or even summary imprisonment.
Given the potentially antifreedom and undemocratic nature of the measures that can be imposed, Parliament has taken care to specify an exhaustive list of situations that can justify invoking the act. Accordingly, the only grounds for the government to invoke the Emergencies Act are as follows.
The first is a public welfare emergency. It should be noted that since the act came into force, none of the devastating floods, winter ice storms or wildfires that Canadians and Quebeckers have faced has led the government to use these extraordinary powers.
In addition to natural disasters, the definition of a public welfare emergency also includes disease. It is especially pertinent to note that the global health crisis resulting from the COVID-19 pandemic did not require the invocation of the Emergencies Act, even though it has caused over 35,000 deaths in Canada and nearly six million deaths worldwide to date, and it is about to mark its ill-fated second anniversary. Despite their exceptional nature, the actions taken to respond to the needs created by this unprecedented crisis were possible without resorting to the Emergencies Act.
Third, the declaration of an international emergency, which is defined as a situation or acts of coercion involving the use of force between countries, may constitute grounds for invoking the Emergencies Act. Similarly, if Canada were to go to war, that may justify the use of the exceptional measures allowed under the Emergencies Act.
The fourth and final rationale provided as justification for a government giving itself these extraordinary powers is that of a public order emergency. Since that term is rather vague, the legislator was good enough to provide a definition in section 16 of the act:
public order emergency means an emergency that arises from threats to the security of Canada and that is so serious as to be a national emergency;
For the members who are wondering what a national emergency is, section 3 of the Act specifies that it:
...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 and that cannot be effectively dealt with under any other law of Canada.
That is significant. My colleagues will agree that the wording is very explicit as to how severe the circumstances must be to justify invoking the Act. Whether it is invoked for one or the other of the reasons I just mentioned, it is an extremely serious measure that must not be taken lightly by the government. It should be a last resort—a tool to be used only after we tried to turn off the leaky tap, used every tool in the box and called in the plumber, but the tap is still leaking.
This is the first time since the Emergencies Act was passed in 1988 that a Prime Minister of Canada has felt the need to resort to the special powers it confers. Its previous incarnation, the War Measures Act, was invoked only three times, specifically, during the First World War, during the Second World War, and during the episode of October 1970, an episode that deeply scarred the people of Quebec.
To be fair, I would like to note that the two pieces of legislation are not comparable and we have to be careful about comparing everything from that perspective.
The Emergencies Act requires the government to show that it is facing a dangerous and urgent situation that it finds impossible to deal with it under ordinary laws. The government failed to demonstrate any such thing in the statement of reasons it submitted to parliamentarians. Even worse, it did not even try to do so, since it has remained completely silent on the topic.
I want to explain to members why. It is simply because there is no good reason to justify using this special legislation. There is no legal vacuum preventing the government from resolving the crisis in Ottawa.
The vast majority of protests and blockades that we have seen over the past few weeks have been brought under control or removed without the use of the federal Emergencies Act. The Sarnia, Fort Erie, Coutts and Ambassador Bridge blockades were successfully removed. All of those border crossings are now back up and running, and trade with the United States has been re-established, so it seems that law enforcement was able to put an end to these protests without needing to use any special powers.
What is it about the Ottawa protest that makes it so unstoppable that it cannot be dealt with under the existing legislative framework? What laws are insufficient to resolve the crisis? Why do those laws not allow us to deal with the situation effectively? We do not know. The government has never said.
What is more, before invoking the Emergencies Act, the Prime Minister dragged his feet for two long weeks rather than trying to resolve the crisis. How can he claim, after—
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- Feb/17/22 1:41:36 p.m.
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Madam Speaker, I thank my colleague for his speech.
I agree with him on a number of points. This morning, the Prime Minister said that there were several options and that the Emergencies Act was the last resort, but we did not hear about the first, second or third options.
I have a question for my colleague. Does a government that is unable to keep the public safe in the context of these protests and the presence of truckers deserve a seat on the United Nations Security Council?
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