During the last three weeks Canada has been faced with protests related to a trucker convoy which are against government mandated COVID-related vaccines and public health restrictions. Although blockades at the Ambassador Bridge in Windsor, Ontario and at the Coutts, Alberta, border crossingwere removed by heavy police operations, the illegal occupation of the country’s capital, Ottawa, had continued. As a result, the Cabinet of Justin Trudeau’s federal government administration invoked the Emergencies Act. The federal Act gives the government far reaching powers, allowing the government to freeze financial accounts, press tow truck operators into service and end blockades. While the Act immediately takes effect, there is a requirement under the Act to table the legislation in Parliament within seven days. The measures are time-limited to 30 days, but could be extended. The current invocation is primarily restricted to enforcement at Ottawa’s illegal occupation and at any blockades at U.S.-Canada border points. In addition, the Premier of Ontario, Doug Ford, declared a state of emergency in the province to clear crucial border crossings, with vehicle licence seizures among the tools at its disposal.
Of course, there are those who believe the Emergencies Act is not needed and is an overreach. The Canadian Civil Liberties Association has launched a suit against the federal government, claiming that its invocation is in violation of the Canadian Charter of Rights and Freedoms. In Parliament, some opposition parties such as the Conservative Party and the Bloc Quebecois have stated their opposition to the measure, believing that it is not necessary to resolve the issues. Meanwhile, the residents and businesses of downtown Ottawa have faced numerous serious problems because of safety concerns, forcing many businesses to be shut down during the three-week old occupation. As a result, a class action suit against the occupation organizers has now ballooned to a $306-million claim for the disruption to lives and livelihoods from the occupation.
It has to be remembered that the Emergencies Act was created in 1988 as the modern-day replacement to the previous War Measures Act. The infamous October Crisis refers to a chain of events that took place in Quebec in the fall of 1970 when a terrorist group known as the Front de libération du Québec (FLQ) kidnapped British trade commissioner James Cross and Quebec Minister of Immigration and Minister of Labour Pierre Laporte, who was eventually murdered while in captivity. The then Prime Minister Pierre Trudeau invoked the War Measures Act, which was the only law available at the time to deal with national emergencies. This led to the presence of military on Canadian streets to supplement the local police, the suspension of normal civil liberties and the authorization of arrests and detentions without charge. Hundreds of people were arrested and charged under the Act, mostly in Quebec. Most historians and jurists believe that that Act’s invocation was definitely an overreach, and something extraordinary that could never occur within the U.S. under its constitution.
This is why the Emergencies Act was written to ensure compliance with the Charter of Rights and Freedoms, and provides for a number of safeguards to ensure its limited use. The primary question revolves around just what constitutes a national emergency, and its implementation cannot be compared to what happened during the October Crisis of 1970. A number of guidelines exist within the Act which has not been used since it was written in 1988. The week-long closure of the Ambassador Bridge and Coutts, Alberta, border crossing definitely has a lot to do with the government’s decision, since there was a huge economic impact on U.S.-Canadian cross border trade. Auto manufacturers in particular were forced to close down some manufacturing assembly on both sides of the border due to the negative effects on ‘just-in-time’ components. Other large businesses also complained of the negative effects on the already stretched supply chains, beyond what were caused by the pandemic.
There is little doubt that there are some extremist domestic and foreign elements that climbed on board the so-called “Freedom Convoy.” These known provocateurs are using the truckers’ protest to promote their own agenda. Time will tell what the eventual impact on ultra-right movements will be after the end of their illegal activities. Hopefully, the Emergencies Act will not become a regular go-to tool for governments in the future.
FROLITICKS 
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