Roundup: Arrests begun as overwrought debate underway

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Debate on the emergency orders began yesterday with all of the leaders staking out their positions. And I will note that there is a legitimate argument from the Conservatives that the Emergencies Act shouldn’t have been invoked—but then they take argument that Trudeau didn’t do enough beforehand to deal with the situation, never mind that the Ottawa Police are the police of jurisdiction, that Doug Ford did virtually nothing to help never mind that this was well within his jurisdictional purview, and of course, they argue that Trudeau caused this by being mean to the extremists who organised this whole thing, and that he hasn’t capitulated to their demands. And thus, a good point is lost in the fog of utterly dishonest partisan posturing. It should also be noted that civil liberties groups are going to court to oppose the Act’s imposition, but their otherwise valid points are divorced from the reality that this is not a peaceful or legal protest—it’s an event organized by anti-government extremists. This is not a good faith protest, it’s an illegal occupation, and that colours events.

With this in mind, the House of Commons will be sitting all weekend in order to debate the emergency order the fact that they will be sitting almost entirely around the clock over the long weekend means that they have speaking slots for virtually every single MP, which is egregious and overkill. If anything, it’s the height of parliamentary narcissism. Yes, this is an unprecedented action, but you do not need every single MP to stand up and read a prepared speech that parrots the talking points that their party leader has decided upon. That’s not debate, it’s not edifying, and it’s just an exercise in providing clips for MPs’ websites and social media channels. It defeats the purpose of what Parliament is about, and debases the point of debate (not to mention that everyone is already burned out from the past three weeks of insanity and this robs the employees, staffers and most especially the interpreters of the long weekend that they all needed). If they haven’t made up their minds on the imposition of the emergency orders by end of day tomorrow, then maybe public life isn’t for them.

Update: Sittings in both Chambers were cancelled due to the ongoing police action, so we’ll see when they resume. The point stands, however.

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QP: Debating the need for the Emergencies Act

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While the party leaders had all been in the Chamber for debate on the Emergencies Act, only one of them was still there by the time QP got underway. Luc Berthold led off in French, and he asserted that the PM had not paid out the case to invoke the Act and accused him of invoking it simply to save his personal political fortunes, to which Chrystia Freeland raised the economic damage of blockades like in Windsor. Berthold accused her of not updating her talking points, and then asserted there was no case to worry about foreign funding. Freeland stated that business leaders support the necessary action the government has taken because of the blockades and quoted Goldy Hyder’s support. Berthold repeated that there were no longer blockades at the border, and wondered why the prime minster’s mind changed over the weekend around invoking the Act. Freeland insisted that the government would always do what was needed to defend workers and the national interest, and raised their work in the New NAFTA negotiations to compare to the current situation. Kerry-Lynne Findlay took over in English and quoted the deputy director of FINTRAC saying there were no spike in suspicious actions, and Freeland retorted that she spoke to the head of FINTRAC and that they didn’t have the tools necessary to track the new world like crypto, which is why the new measures brought in gave them new authorities. Findlay then tried to catch out the prime minister in a contradiction about the geographically-limited nature of the invocation versus it being available nationally, and Freeland worried that the Conservatives were no longer a party that was concerned with the best interests of the country, then quoted her meeting with Perrin Beatty.

Alain Therrien rose for the Bloc, and listed things the government didn’t need to invoke the Emergencies Act for, and stated that it was simply a lack of leadership. Freeland business leaders in Quebec supported the government. Therrien claimed the federal government had been in “hiding” over the occupation outside—a blatant falsehood—and Freeland said they were taking responsibility for democracy and to protect the national interest.

Jagmeet Singh rose for the NDP, and he wanted a plan to get out of the pandemic with a commitment to better fund healthcare, for which Freeland stated that they were moving past the Canadians thanks to the 90 percent of Canadians who were vaccinated, and praised our outcomes in mortality rates over the course of the pandemic as compared to other countries. Singh switched to in French to call on the government to improve people’s lives, and Freeland assured him that they were doing so.

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Roundup: Complacency versus the hard work of democracy

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Things are fraught in Ottawa, tempers are short. A lot of stuff that has been barely under the surface is blowing up. David Reevely has some thoughts about where we find ourselves, and why, and he’s pretty dead-on about it.

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QP: A raucous disagreement on the Emergencies Act

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All leaders were present for what promised to be a fraught Question Period, where the prime minister would be responding to all questions. Candice Bergen led off, and wondered just what was the threat to Canadians that required the Emergencies Act, citing the test in the legislation. Justin Trudeau trotted out his line that using the Act is a serious issue, and that the test was met so they are giving police new tools. Bergen insisted that the situations were already de-escalating on their own, and that this was just about saving his political skin. Bergen repeated the allegation, insisted that Trudeau was name-calling, stigmatising and “traumatising” Canadians, and Trudeau said that by first insisting the opposition wanted to try and have it both ways. Bergen raised Blackface, Omar Khadr and a few other non sequiturs and then decried a “mental health” crisis before demanding all mandates be ended, and Trudeau accused the Conservatives of playing personal, partisan games.

Speaker Rota had enough of the noise, and turned the speaking list upside down and called on Mike Morrice, who asked about committing to mental health, and Trudeau praised their plans for a dedicated mental health transfer to the provinces and bragged the government’s Wellness Together app.

Rota returned to Bergen, who raised domestic assault stats to decry mandates, before she demanded capitulation to the occupiers’ demands, and Trudeau trotted out his worn lines about having Canadians’ backs.

For the Bloc, Yves-François Blanchet decried the application of the Emergencies Act in Quebec, and Trudeau reminded him that the Bloc were demanding action, while the application is limited and proportional, and a province who doesn’t need it doesn’t have to access it’s powers. Blanchet railed about the sensitivities of Quebeckers to the War Measures Act in its new form, and Trudeau listed federal tools that helped Quebec in the pandemic.

Jagmeet Singh rose for the NDP, and he decried how Black and Indigenous protesters were treated as compared to this occupation, and Trudeau admitted that they acknowledge systemic racism and they are committing to make changes. Singh switched to a French to demand the Emergencies Act not be applied in jurisdictions it is not wanted—a sop to Quebec—and Trudeau repeated that if the province doesn’t want the tools, they don’t need to use them.

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Roundup: Exit the police chief

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It never rains, but it pours, and yesterday the twist in the plot was that the police chief suddenly resigned his position. And while the immediate thought was that hey, someone is actually taking responsibility for their failure, it turns out that no, this was a “human resources issue,” likely related to bullying, harassment, and volatile behaviour around senior police leadership the longer this occupation drags on. And now we have an acting police chief at a time when the Ottawa Police Service is the police of jurisdiction during a crisis situation and under the aegis of the Emergencies Act, coordinating with the OPP and RCMP.

The other plot twist was that the mayor’s contact for his “backchannel negotiations” with the occupier leadership was Dean French, the lacrosse-loving chaos agent who used to be Doug Ford’s chief of staff. Mayor Watson said that French approached him about making contact, and Watson figured “anything to help,” rather than seeing the giant red flag and telling French to take a hike and never come back. So yeah, it’s like everyone is making the worst possible decisions, or we keep invoking Tucker’s Law.

Emergencies Act

Because we are still trying to sort out what all is happening around the invocation of the Act, here are some explainers from Naomi Claire Lazar and Lyle Skinner. As well, some observations about how it is being employed by the government, law professor Paul Daly has questions about some of the legal language.

The actual orders weren’t finally posted until 9 PM last week, which is when the rules actually went into effect, so good job on your timeliness there, guys. We now know that they are using the thread of political violence as their test for what meets the Act’s threshold, essentially calling it terrorism, which then raises the question of how this meets that particular threshold. The orders prohibit bringing food, fuel or children to the protest site, under threat of a $5000 fine or up to five years in prison—but we’ll see if police actually enforce that, as they have not been around the fuel convoy to the site.

As for the financial provisions brought into force, there are concerns that they could be a serious overreach, particularly if it affects an occupier’s ability to obtain financial services ever again. The occupiers, meanwhile, are trying to pivot to cryptocurrency, as though that will put them beyond the reach of government. (It won’t).

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QP: Platitudes about new tools for police

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With the Emergencies Act having been invoked, the prime minister was present in the Chamber today, as were most other leaders, which was good, because an exercise of emergency powers requires scrutiny. I’m not sure that’s what we got today. Candice Bergen led off, script in front of her, worrying about the Emergencies Act declaration, and wondered if the motion would not be bought before the Chamber until Friday, before the break week—which was a valid, if perhaps overly dramatic, concern. Justin Trudeau gave prepared remarks on the consultations with provinces and the time-limited nature of the declaration, but didn’t answer the question. Bergen noted that before she noted that the blockades in Coutts and Windsor cleared without this declaration, and concern trolled that the declaration would make the situation worse. Trudeau stated that this was a time for responsible leadership rather than the Conservatives encouraging these blockades. Bergen insisted that this was about an “ideological” desire to keep COVID measures in place, and pretended that this was against “science.” Trudeau repeated his points, this time naming individual MPs for encouraging these actions to continue. Gérard Deltell took over in French, and worried that half of the premiers were against the declaration and that this poured oiled on the fire, and Trudeau insisted this was about additional tools that the police of jurisdiction could use. Deltell repeated his concerns, and Trudeau insisted that these were “responsible steps” to keep the streets clear of illegal demonstrations. 

Yves-François Blanchet rose for the Bloc, and noted the situations resolved without the need for the Act, but worried that the declaration did not specify the geographic location it was to be imposed and wanted assurances it would not be applied in Quebec. Trudeau assured him the tools were only available if requested by local police. Blanchet gave a paranoid suggestion this was about imposing legislation on Quebec against their will, to which Trudeau repeated his points about local police.

Jagmeet Singh appeared by video for the NDP, and he decried the double standard of treatment of this occupation and worried about reports of police and military participation, and wanted assurances the measures would be used “for people” and not to support the occupation. Trudeau repeated about providing tools for police to give people their streets back. In French, Singh raised the weapons found in Coutts before repeating Blanchet’s demand not to apply it in Quebec, and Trudeau again insisted they would not impose anything where it was not needed by local police. 

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Roundup: Invoking the Emergencies Act

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After two years, of begging, pleading, and outright cajoling, the media have finally been giving what they have been demanding, which is to invoke the Emergencies Act. (Speech here). It’s something that really shouldn’t have happened, and yet here we are, because incompetent murderclown Doug Ford refused to do his job with providing adequate support for ending the occupation in Ottawa, using the tools at his disposal at the provincial level like licenses and insurance, and providing more OPP officers. Or if the Ottawa police had done any part of their jobs rather than declaring it to be Purge Rules in the occupied territory. But Ford gave his support to this invocation, because of course he did, as it successfully makes it Trudeau’s problem and not his, even though much of the situation can be chalked up to his failure to take it seriously. Other premiers were not so keen.

The government insists this is narrowly crafted, only targets a few sites, is not about the military, and the Act itself only allows for 30 days increments of it being imposed. We don’t have many more details that what was in the press release, which is a bit concerning, but one thing that did stand out was the promise that the government would freeze corporate and personal bank accounts for these occupiers, as well as have their insurance suspended, which is kind of a big deal if you’re a legit trucker. There is concerned that the bank accounts could be an overreach, so we’ll have to see the details about how this will be crafted before there can be too much determination made, but there are worries this gets weaponized by a future government.

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Of course, every pundit, talking head, and opposition MP is going to try to spin this as some kind of failure on Trudeau’s part, even though he never had any levers to pull on this problem in the first place as it’s local police jurisdiction, and the most he could offer was performance art. Nevertheless, he’s now taking on the mantle of responsibility and accountability, which just makes holding everyone else who failed to account even harder. (Look for more on this in my upcoming column).

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QP: In the shadow of the Emergencies Act

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While talk of the imminent imposition of the Emergencies Act swirled, the prime minister was in his office but not in the Chamber for QP. Candice Bergen led off, script in front of her, and quoted Section 16 of the Emergencies Act to ask if he considers the blockades a threat to national security, to which Marco Mendicino quoted the arrests on Coutts this morning for weapons before listing supports the federal government provided to end the blockades. Bergen demanded the government agree with their Supply Day motion to capitulate to the occupiers, and Bill Blair railed about the illegal occupations. Bergen called capitulation “not unreasonable,” and demanded “hope and optimism” for Canadians. Mark Holland said that the Conservatives squandered all attempts at de-escalation, citing their various MPs who have supported it. Luc Berthold took over in French, and repeated the “division and stigmatisation” line before wondering how the government could possibly consider emergency measures. Mendicino repeated his previous answer. Berthold said that nobody wanted to see the army in the streets before demanding capitulation, and Holland repeated his condemnation of irresponsible Conservative statements in support of the occupations.

For the Bloc, Alain Therrien wanted to know how the prime minister planned to use emergency powers, and demanded a detailed plan today. Mendicino read about the support the federal government has offered. Therrien was not satisfied, but Mendicino simply repeated his response.

Peter Julian led for the NDP, and wondered why the prime minister didn’t “show leadership” 18 days ago—as though there were federal powers he could deploy (there weren’t). Bill Blair denounced the occupations and blockades, and stated that they did provide support where requested. Alexandre Boulerice took over in French to lament the same, and Mendicino repeated the script about supports given.

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Roundup: An inexplicable failure of police

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Amidst all of the finger-pointing and blame-shifting, as everyone tries to pin the current occupations and blockades on the prime ministers, those of us who pay attention know that the real problem here is policing, and ultimately the rule of law. Bill Blair has rightly called it “inexplicable” why the Ottawa Police have not done their jobs to uphold and enforce the law, particularly when they have plenty of resources and added authority under the state of emergencies that have been declared municipally and provincially. Still no dice. And while the city says they’re waiting for reinforcements, we also find that there is actually no plan for what to do with them when they do arrive (and they have been trickling in), which inspires no confidence at all that this is going to be resolved anytime soon.

At the same time, the drumbeat for federal emergency powers is getting louder, and while ministers are saying it’s under consideration, there was also a Cabinet meeting last night, which is very unusual and could signal preparations for it. That said, it’s unlikely that they will without the invitation from Ontario to do so, and even if they do, it’s still a trap because they want Trudeau to wear this (more than he already is), and any action would ensure that he’s the one to do so.

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In the meantime, we’re seeing gutless municipal politicians do their own blame-shifting and ass-covering and try to put this on Trudeau. No. The city’s Police Services Board is the civilian authority for the police and the body which holds them to account. They are the ones who have the power here. They should be calling the chief to the carpet and telling him that if he and his people don’t do their jobs and start enforcing the law, then he can find a new one, and keep going down the line until it starts to happen. But when it all comes down to it, these last almost-three weeks have clearly demonstrated that the Ottawa Police Service, which was already putrid with corruption, is irredeemable and needs to be disbanded entirely in order to start over from the ground up.

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Roundup: Ford wakes up after letting Ottawa suffer

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After being content to let Ottawa suffer under occupation by grifters, extremists and conspiracy theorists for the past two weeks, Doug Ford woke up and got serious now that the Ambassador Bridge is threatened. He declared a state of emergency and promised permanent legislation about blocking critical infrastructure, with fines of up to $100,000 and up to a year imprisonment, but that didn’t seem to help motivate police any. It was an injunction in Windsor that seems to have had more of an impact (and I find the notion that police will enforce an injunction but not uphold the laws on the statute books to be a concerning development with the rule of law). They were promising enforcement, but we’ll see, given that the crowd only grew once the injunction came into effect.

Meanwhile, I find myself a bit at a loss about the demands that Justin Trudeau “show leadership” in this situation. Every time I ask someone just which federal levers he should be deploying, I get static in reply. When pressed on the topic on Power & Politics the other day, Jagmeet Singh flailed and handwaved before resorting to a Jaida Essence Hall and trying to make a bunch of erroneous statements about healthcare funding. Trudeau cannot simply assert authority in this situation—it frankly does not meet the test for the Emergencies Act, and I’m not convinced this is a situation that requires it. I fail to see the utility of trying to get the RCMP to bigfoot the Ottawa Police as a) they don’t have the expertise in this situation, and b) they don’t have the numbers, particularly in the area. He’s not going to call in the military, because that is a very, very bad idea and more to the point, it’s the premier or his attorney general who needs to make the request for the aid to civil power under the National Defence Act. What else should Trudeau be doing? He told the convoy to go home on the first Monday (meaning, day four) during Question Period and elsewhere (you know, when members of the media accused him of being “in hiding” when he was in COVID isolation and still attending the House of Commons virtually). He’s been making calls the whole time, though not necessarily as performatively as is being demanded. So how else should he be “showing leadership”? What other powers should he be deploying? And even more to the point, why should he be playing into the trap that Ford and the extremist organizers themselves are laying out for him that is trying to put him at the centre of this?

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