The Canadian Civil Liberties Association is raising a red flag about the Prime Minister’s decision to invoke the Emergencies Act to quell ongoing protests in Ottawa.
Executive Director Noa Mendelsohn issued a statement saying, “the federal government has not met the threshold to invoke the Emergencies Act.”
He said, “this law creates a high and clear standard for good reason. The Act allows the government to bypass the ordinary democratic process.”
Mendelsohn continued his argument, “the Emergencies Act can only be invoked, according to its own terms, when a situation ‘seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada’ and when the situation ‘cannot be effectively dealt with under any other law of Canada.’”
He warns normalizing the use of the legislation poses a threat to democracy and civil liberties.
The Act goes into effect immediately, but the government has seven days to seek Parliamentary approval. It can remain in place for 30 days, after which it must either expire or be renewed.
Prime Minister Justin Trudeau said the Act would be geographically specific and time-limited. In a tweet, he said, “the ongoing blockades and occupations are presenting serious challenges to law enforcement’s ability to effectively enforce the law.”
In the context of the convoy protests, the government could prohibit public gatherings, impede travel, and deploy the RCMP to enforce municipal bylaws and provincial offences. Police will have greater power to make arrests and impose fines. The government will also have the ability to suspend or freeze any bank accounts used to finance the protesters without a court order.
The protest in downtown Ottawa is into its third week now, and officials have said it will be difficult to remove transport trucks parked on that city’s streets. Some towing companies have refused to remove trucks, but the Act could compel them to act.
While police have removed the blockade at the Ambassador Bridge, Trudeau said the legislation would protect critical infrastructure like border points.