Very disappointing to see a Federal Court judge, Justice Richard Mosely, create an imaginary rewrite of history to conclude that Ottawa really hadn't needed to invoke the Emergencies Act against the freedum convoy protests and blockades in February 2022.
Instead, he argues, Trudeau could have constructed an imaginary bouncy castle of police forces magically enforcing provincial laws to save Ottawa's sanity, rescue Canadian trade, and blunt the Convoy fundraising momentum without being mean or upsetting anyone.
So rude, you know!
Political scientist Emmett MacFarlane describes the ruling as A Dubious Judgement on the Emergencies Act:
In summary:In a ruling sure to be appealed, a Federal Court judge has deemed the federal government’s invocation of the Emergencies Act (EA) during the so-called “Freedom Convoy” protests unlawful and found that the measures employed under it violated the Charter of Rights and Freedoms.Because the decision primarily concerned the decision to invoke the EA (rather than the constitutionality of any provisions of the EA itself), the Court’s job was to assess the reasonableness of the decision “with deference owed to the decision maker and its specialized expertise” (para. 202). The judge, however, ends up not so much reviewing the reasonableness of the decision in light of the circumstances facing the government so much as undertaking a total reappraisal, with the judge substituting his judgment for that of the government’s, with little to no deference to be found....the EA does not require that federal government to spend time on the metaphysical questions posed by multi-versal ponderings of the imagined parallel universe where Doug Ford took governance and public safety seriously, before they decided to address the national emergency at hand with the last resort tool they had available - a tool, mind you, that worked to finally end the occupation. As I wrote at the time: “The POEC demonstrated what was already clear to those of us who followed the convoy protests themselves: the police were either unable or unwilling to act. It doesn’t matter, frankly, what existing laws might or should have been able to deal with: they did not, and therefore could not handle the occupation of the country’s capital.”... Judge Mosley concludes instead that “There appears to be have been no obstacle to assembling the large number of police officers from a variety of other forces ultimately required to assist the OPS to remove the blockade participants (para. 250).” I suppose we’re expected to believe it was mere coincidence that blockade participants did not end their siege until the EA was invoked, and the few tools enacted under it were implemented...
Actually, I would argue the Canada-wide emergency in February 2022 that justified the Emergencies Act wasn't the mess on the Ottawa streets, but rather the impact of border blockages on Canadian business."In light of what we know now" strikes me as the wrong test to apply to whether the use of legislation is reasonable or not.
— Peggy Blair (@peggy_blair) January 23, 2024
The Ottawa honk-honk was mainly a local problem, though it was so badly mishandled by both civic and provincial authorities that it became a national embarrassment. But the primary national problem with the protest was the continuing threat to cross-border trade, to the point that Canadian manufacturing and auto industries would move to the United States unless Canada was willing to take swift and fierce action to guarantee that a random bunch of bearded yahoos would be shut down and would not be able to threaten the cross-border trade economy.
Yeah, I know - the story now is how the border blockades were already dismantled before the Emergencies Act was introduced. But what we heard at the time was about how more trucks and farm equipment was on the way to border crossings across the country. Only the Emergencies Act gave RCMP the immediate authority to turn the tide, to stop convoys before they reached the borders, and to disrupt their financing.
Basically, when Alberta Farmer Dad heard that his tractor and combine could actually be confiscated, the phone call went out real quick "Son, you've had your fun but it's time to come home! Now!"
