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.
Yes and each level’s response when when this is pointed out is basically pic.twitter.com/zrOgRbJRwc
— Supriya Dwivedi (@supriyadwivedi) February 11, 2022
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?
In hindsight I should have answered every question on my first year constitutional law exam on division of powers with ‘nobody cares about jurisdiction. Only out of touch elitists think about jurisdiction’.
I got an A in Constitutional Law but that was clearly the A+ answer.
— Rob Silver (@RobSilver) February 11, 2022