EDITORIAL – Decision on Emergencies Act doesn’t validate ‘Freedom Convoy’
(Image: Facebook, Freedom Convoy 2022)
An editorial by Mel Rothenburger.
QUITE THE BOMBSHELL yesterday with a Federal Court ruling that the federal government’s use of the Emergencies Act against the so-called Freedom Convoy in Ottawa a couple of years ago was “not justified.”
Justice Richard Mosley stated that there was no “national emergency” that justified using the Act.
Convoy supporters, Conservative leader Pierre Poilievre and Alberta Premier Danielle Smith are thrilled with the decision.
They should understand that while the court decision invalidates the use of Emergencies Act to end the gong show that was the convoy, it doesn’t mean the convoy and all the actions around it on Parliament Hill were in any way justified.
Let’s turn our minds to February of 2022, when transport trucks crowded into the streets in the downtown core of Ottawa and in front of Parliament Hill.
Mel Rothenburger is a regular contributor to CFJC Today, publishes the ArmchairMayor.ca opinion website, and is a recipient of the Jack Webster Foundation Lifetime Achievement Award. He has served as mayor of Kamloops, school board chair and TNRD director, and is a retired daily newspaper editor. He can be reached at mrothenburger@armchairmayor.ca.
ArmchairMayor.ca 
All any judge can do … and exactly what this one did … is to look at the exact law and interpret it in any given situation, exactly as it is written.
They dont ‘make’ law – that’s the House’s job, they just figure out if its use is justified on balance with all the other laws of the land.
Sometimes they will even decide that a law is unconstitutional and throw it back at the house to force a redo.
In this case the Emergencies Act (something I have not done a deep dive into) was used in a situation that it was not designed to be used, and the Feds are getting told off, on that point only.
Maybe we need a set of laws that bump into constitutional rights, like Freedom of Assembly, when the act of doing so goes beyond simple protest and endangers the lives and well being of citizens beyond a certain timeline.
Sounds reasonable, right?
Heres the problem; might sound good today, but which government will misuse it in the future when part of the populous disagrees with a given future policy, in a future political situation we couldnt foresee, and the government wants to shut down dissent?
Now we have a big problem as we just destroyed the ideals of democracy.
The only answer here, is no good answer.
That said, don’t imagine for a second that Poilievre and Smith wouldn’t have also called out the Emergency Act if it benefitted them at the time.
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The Truckers Convoy was not only for the mandates but for our countries Freedom. If you follow the trial of the organizers you will learn that the protests was for the most part peaceful and sure there will always be a few unchosen who want to make it look worse than it really was including our famous Media. Look how many giving evidence for the Crown couldn’t keep their story straight.
Maybe pay attention to what is happening in Germany with the farmers Convoy.
Canada needs to “wake up”
Go to You Tube and take the time to watch “Starvation Policy” Keegan Bette
This is an excellent view as to where Canada is headed.
You might have a different opinion about the Truckers Convoy
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Its time for you guys to wake up! These truckers were there not only for the mandates, but for our Freedom!! Maybe watch what is happening in Germany with the farmers and their convoy. Go to You Tube and watch
“Starvation Policy” Keegan Bette
This might change your mind!
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Trudeau knew that he was making improper use of the Emergencies Act, which is why he acted on it and then withdrew it before the Senate could have its say. Yes, the truckers overstayed their welcome. Yes, many of them are the same people who want to run over people blocking logging roads. However, their Ottawa protest was peaceful, they responded to requests to restrict honking to one hour a day, and most importantly, they could have been cleared out by Ottawa city police or the OPP just as in BC, protests are quickly cleared by the RCMP. I’m thankful for this court ruling, as invoking the Emergencies Act set a dangerous precedent regarding peaceful protest in Canada.
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In the same way that the War Measures Act was initially supported by majority opinion, but came to be regarded as a spurious and flagrant violation of the rights of individuals, so too will the invocation of the Emergencies Act. Thankfully we have a judge with common sense and understanding.
This was clearly a massive overreach. It’s quite unbelievable to me that people think that nuisance and protest, the suspicion of attacks without evidence, and not acting on perfectly useable existing laws to handle the issues in plain sight was enough to illegally violate Charter rights and due process of those “accused” by fiat.
Citizens would do well to recall that this is Canada. Our freedoms and rights are what separate us from counties like Turkmenistan. Those freedoms and rights are not always manifested in comfortable and agreeable ways. But that is the entire point. Give an inch and they take a mile. Hopefully the Supreme Court has as much sense as the heroic judge in this decision.
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The “freedom fighters” were and are certainly over the top but the overreach of the liberal government was over the top too. I am talking about the various Covid related mandates the government implemented that put an already over the edge crowd into a frenzy.
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While the court decision may not validate the Freedom Convoy, or some aspects of it at least, It does say something about selective government overreach. Yes, the behaviour of some of the participants was disgusting, however no more, and arguably less disgusting than Pro-Palestinian protestors cheering on the savagery that we witnessed on Oct. 7th, and getting a pass from this federal government, mainstream media, public employers (in the case of endorsement by University staff members), unions, and more. We should not be sitting idly by while these protests that endorse/encourage murder, rape, and other crimes that go beyond the pale are allowed to happen. This gutless government fails hugely in not condemning, arresting, or firing, as the case may be, these protestors.
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Totally agree. I think the judge is wrong. At the same time protesters were blocking border crossings in Alberta and Ontario. Protests were also spreading to other cities. Communities were being affected by these protests and something had to be done and it was. This was about 1% of the population holding a country hostage. Thankfully something was done.
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The Ambassador Bridge blockade was already cleared before the Emergencies Act was invoked.
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