SoVote

Decentralized Democracy

Rosemary Moodie

  • Senator
  • Independent Senators Group
  • Ontario
  • Feb/22/22 9:00:00 a.m.

Hon. Rosemary Moodie: Honourable senators, I do not think that any of us could have imagined that we would be here discussing the historic, grim moments of the past 23 days.

I know that we all feel an exceedingly heavy burden and some sadness for the events that have today brought us here that we must acknowledge, the actions that today we are tasked to take, actions that will be remembered by future generations.

On Monday, February 14, 2022, the Governor-in-Council on the advice of the Minister of Public Safety and Emergency Preparedness issued a proclamation of a public order emergency invoked for the first time in the act’s 34-year history. The government took this step after multiple weeks of an occupation that revealed the limited capacity of municipal and provincial authorities to act under existing measures.

After the trucks began to arrive in Ottawa on January 29, multiple reports began to emerge about the disruptive and disturbing and sometimes violent events. We saw the displays of the symbols of hate. Let us not downplay these. We saw the desecration of the National War Memorial and the caricaturing and appropriation of Indigenous culture.

People of colour were intimidated and harassed. And unlike the experience of the esteemed senator who spoke earlier, there are senators within this chamber who experienced that intimidation and harassment. I’d like to say that the fact that those who perpetrated this behaviour felt comfortable to do so amongst this crowd of protesters, and that is somewhat telling.

The Parliamentary Black Caucus spoke about this in the statement issued on February 4, in which they described the events that unfolded as completely unacceptable, saying, “These displays of hatred and violence offend Canadians and have no place in our country.”

I encourage all colleagues to take the time to read the statement of the Parliamentary Black Caucus, and take this opportunity to thank the over 170 parliamentarians who signed on in support of this call to action, that was fully endorsed by the senators of the African-Canadian group.

The statement proposed three actions: first, the prohibition of the public display of the Confederate flag and swastika, symbols of hate and terror; second, strengthening FINTRAC’s ability to collect information related to donations made through public fundraising sites; and third, a call for a joint parliamentary study to review the events surrounding the so-called Freedom Convoy.

As we all know, the Emergencies Act has issued two key regulations: an economic measure, and a measure to equip police and law enforcement with additional powers.

The economic measures align with the call to action of the Parliamentary Black Caucus’s request and we applaud the government for their responsiveness.

Honourable senators, the rise in use of online fundraising platforms is a reason for significant concern, primarily because they are the perfect venue for the laundering of large sums of money that can be used to fund illicit activities. We have examples. We heard many from Senator Gold. There are also jurisdictional examples in the United Kingdom where the site JustGiving was targeted by criminals for money laundering.

With the current limited mechanisms that authorities have to gain information on those who donated these funds to the protest, and with the limited accountability placed on fundraisers currently, we know little about what this money is being used for. Millions of dollars were raised for this protest, and we don’t know where the money has gone or what it is being used for.

Through recent reporting according to The Globe and Mail who obtained information from the GiveSendGo platform site, 43% of funds donated came from the United States; 56% of the donors were American. Honourable senators, it should concern us that this could represent an unprecedented intrusion into our domestic affairs by far-right fringe elements of the United States who do not espouse Canadian values.

We must be cautious to make sure that, as Canadians, we retain sovereignty over our affairs. Importantly, the use of the emergency powers in this instance immediately allowed financial intuitions to access the tools that they need to stop the flow of money into the occupation, and to ensure that funds have not and will not be diverted for illicit purposes.

I believe the application of these economic measures was strategically effective in the short-term and, in the longer term, will inform our actions as legislators on future legislation that will ensure careful and effective oversight of public fundraising sites.

The second emergency measure that was enacted was meant to provide further authority to police to enable them to effectively break up the occupation in Ottawa and elsewhere.

There has been much concern raised about whether these measures were necessary, concerns about overreach and that these measures might limit the right of public assembly. These are measures that serve to designate and to protect certain sites as critical infrastructure, and that make it unlawful for individuals to bring minors to protests.

First, let me say, unreservedly, that I support action that makes it unlawful to expose our children to risky and potentially volatile situations and to potential harm. It is their right to be protected and it is our role to protect them. Therefore, I applaud the provision in the Emergency Measures Regulations that pertains to minors and the Government of Canada’s sensitivity to this issue.

We know that children have been in the occupation, some of them in trucks, in the cold for weeks and breathing in polluted air from the idling engines. It was all the more concerning and disheartening to see children used as shields by protesters — their parents. Interim Police Chief Bell said, “. . . we’re seeing children put in harm’s way in the middle of a demonstration where a police operation is unfolding.”

He continues:

. . . we implore all the parents who have kids in there — get kids out of there, they do not need to be in the middle of this, it is not a safe place for them.

I am glad that the police made it their priority to care for children and clearly considered how these operations would impact them.

We also know that many children living in the downtown core have been affected by protesters, unable to sleep amongst the sound of horns and cut off from access to vital services. It is my hope that additional steps to analyze this and other measures using Child Rights Impact Assessment tools will be carried out to ensure that we understand the impact on children and can act in consequence.

Further, these emergency authorities have allowed police to integrate forces from multiple jurisdictions and to retake the city of Ottawa, while maintaining their safety and avoiding significant violence.

As critical resources are shifted to Ottawa, these measures also ensure that the ongoing broader protection of regions that are left with depleted resources are protected. It should also be underscored that these security resources continue to be needed to make sure that a renewed occupation does not take place in Ottawa or anywhere else in the country. We are already hearing from the authorities about renewed attempts since the protest was disassembled this past weekend.

Again, interim Police Chief Bell stated during a press conference last Friday that the use of the emergency powers by the three levels of government created the ability for police to use new and existing powers to deal with the occupation. He said, “Without the authorities provided to us . . . we wouldn’t be able to do the work we are today.”

For all of these reasons, colleagues, I believe that the government’s use of the emergency powers is both warranted and needed to bring the situation to a close and to maintain peace. I also believe the circumstances are dire enough to require significant action to supplement emergency measures taken by other orders of government. I will be voting in favour of this proclamation.

Honourable senators, the events and the discourse leading up to and during this occupation has been troubling. There has been much irresponsible rhetoric. We have seen that one’s political perspective has defined these events, has defined the perception of truth, has made it impossible for objective public discourse and has stood in the way of our appreciation of fact.

This is a critical time in Canada’s history. As we reflect on the events that have brought us here, we must focus on the troubling fissures that have been unmasked, that threaten to weaken the union of our Confederation and that threaten our democracy. We must work together to heal these divisions that today turn Canadians against one another. We must work to ensure that Canada remains an inclusive and united country, a country based on truth, peace, order and good governance. Thank you, meegwetch.

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