In the free-to-cheapskates portion of The Line‘s weekly dispatch, the editors discuss the lack of evidence that the federal government was actually justified in its invokation of the Emergencies Act in February to break up the Freedom Convoy 2022 protests in Ottawa:
A screenshot from a YouTube video showing the protest in front of Parliament in Ottawa on 30 January, 2022.
Photo via Wikimedia Commons.
Your Line editors always understood that the situation in Ottawa (and at the borders) was indeed a crisis. We never doubted that. It was a very serious challenge that required a very serious response. But we have never seen the case for invoking the Emergencies Act. Under the law, which is very clear, a public-order emergency can only be invoked when the emergency cannot be met under existing laws. We really don’t know what, if anything, convinced Prime Minister Justin Trudeau and his cabinet that we had reached that point.
We have always been reasonable about this. The government may well be in possession of classified information that is not publicly known that convinced them, in good faith, that that condition had been met.
The problem is, they’re asking us to take it on their say-so. The position of the federal government thus far, as regards the inquiries and parliamentary reviews that are automatically triggered by invoking the act, is that they will not necessarily disclose all of the information that was known to the cabinet, and they may treat internal discussions as protected by cabinet confidentiality. This is setting up a perfect little loop of zero accountability. Only the cabinet can invoke the Emergencies Act, and if only the cabinet can be privy to the information that informs that decision, only the cabinet can judge whether the cabinet got it right.
You see the problem, right? As noted above, maybe they know something we don’t, and acted reasonably. Or maybe, under enormous political pressure, the PM whipped out the Emergencies Act to show us how big it is. That would be entirely within his character.
Do we think that’s what happened? We don’t know. Can we rule it out? No.
One of the only things the feds have yet said about their decision to invoke the Emergencies Act was that they did it because the police said it was necessary. But [former Ottawa Police Chief Peter] Sloly now says he never asked for it. The interim chief who succeeded him has said the same. The RCMP has said they did not ask for it. Who does that leave?
Maybe it was the OPP. Maybe it was one of the police agencies that patrols parliament itself. We don’t know. They just want us to take their word for it.
We’re sorry, but we don’t. The Emergencies Act is far too powerful to ever be invoked by a government on the basis of, “Trust us”. That’s not how things work in a democracy. And it should alarm all Canadians that the Liberals seem not to realize this, or are at least hoping that you don’t.
