What Emergency Act?

Decapoda

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Mar 4, 2016
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Tick-Tock….OTTAWA — The federal government has until the end of the day to call an inquiry into its use of the Emergencies Act during the blockades at Canadian border crossings and in Ottawa earlier this year.

The Emergencies Act requires the government to call an inquiry into the use of the legislation within 60 days of revoking the declaration.
This is day 61, but who's counting...eh'?
 

Ron in Regina

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Apr 9, 2008
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On Monday — the last day they had to commence the process — the Liberals announced a Public Order Emergency Commission that would be headed up by Justice Paul Rouleau.

Here’s how the Liberals describe the inquiry’s goals in their release: “The Commission will examine the circumstances that led to the declaration being issued and the measures taken in response to the emergency. This includes the evolution of the convoy, the impact of funding and disinformation, the economic impact, and efforts of police and other responders prior to and after the declaration.”

That second sentence is loaded with politics, spin and the impression that Trudeau has already predetermined the outcome of this inquiry.

The Liberals describe this as an “independent public inquiry”.

So how do they know that those are the items that Justice Rouleau is going to probe?

Did they instruct him in advance? If they did, that’s a problem because then this isn’t an independent inquiry.

If they didn’t, then it’s a problem because then they’re attempting to influence the direction and outcome of the inquiry.

 
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Tecumsehsbones

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On Monday — the last day they had to commence the process — the Liberals announced a Public Order Emergency Commission that would be headed up by Justice Paul Rouleau.

Here’s how the Liberals describe the inquiry’s goals in their release: “The Commission will examine the circumstances that led to the declaration being issued and the measures taken in response to the emergency. This includes the evolution of the convoy, the impact of funding and disinformation, the economic impact, and efforts of police and other responders prior to and after the declaration.”

That second sentence is loaded with politics, spin and the impression that Trudeau has already predetermined the outcome of this inquiry.

The Liberals describe this as an “independent public inquiry”.

So how do they know that those are the items that Justice Rouleau is going to probe?

Did they instruct him in advance? If they did, that’s a problem because then this isn’t an independent inquiry.

If they didn’t, then it’s a problem because then they’re attempting to influence the direction and outcome of the inquiry.

It's also unholy and atheist, cuz it talks about evolution.
 
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Ron in Regina

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The Opposition Conservatives argue that inquiry is overly focused on the actions of protesters and the role played by fundraising and disinformation in the event.

"The Liberal government is doing everything in their power to ensure this inquiry is unsubstantial and fails to hold them accountable," said a joint statement from Conservative MPs Raquel Dancho, Dane Lloyd and Gérard Deltell on Monday.

By law, an inquiry into the use of the act must be called within 60 days of the declaration being revoked.

Government officials — including the heads of Canada's spy agency and the RCMP — will take questions Tuesday evening about the circumstances that led the Liberal government to trigger never-before-used emergency powers to quell protests in Ottawa earlier this year.

The story doesn’t specifically state that the Justin/Jagmeet party won’t hide behind parliamentary privilege though…
 

Decapoda

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That second sentence is loaded with politics, spin and the impression that Trudeau has already predetermined the outcome of this inquiry.
Trudeau was framing this as an inquiry into the truckers actions rather than his actions immediately after he rescinded the act...there's no doubt that this is how it is going play out. It's not a surprise, it is expected.

There is no effective opposition right now. There is no effective impartial media to push back or hold government accountable. And even if there was, most Canadians are so apathetic and indifferent to what's going on they likely won't even tune in for the results of the inquiry if they even know there's an inquiry at all. Why do you think Trudeau doesn't give a flying fiddlers f*ck about repercussions? Hint...it's because there are non for him. But those truckers (and the rest of us) are going to pay dearly for all their horn honking and hot tubbing.
 
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pgs

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Trudeau was framing this as an inquiry into the truckers actions rather than his actions immediately after he rescinded the act...there's no doubt that this is how it is going play out. It's not a surprise, it is expected.

There is no effective opposition right now. There is no effective impartial media to push back or hold government accountable. And even if there was, most Canadians are so apathetic and indifferent to what's going on they likely won't even tune in for the results of the inquiry if they even know there's an inquiry at all. Why do you think Trudeau doesn't give a flying fiddlers f*ck about repercussions? Hint...it's because there are non for him. But those truckers (and the rest of us) are going to pay dearly for all their horn honking and hot tubbing.
Another dog and pony show , proves this government are very adept at the only thing that counts . Covering their ass and hiding the stink .
 

Ron in Regina

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The Liberals have heeded the age-old advice that governments should never set up public inquiries unless they know in advance what the findings will be.

In the case of the inquiry into the proclamation of the Emergencies Act in February, the government has mandated Ontario appeals court judge Justice Paul Rouleau to focus on the actions of the Freedom Convoy protesters, rather than on holding the government accountable. The judge’s schedule is hectic — he has to report by next February. As such, he is likely to be so beset probing social media disinformation and cryptocurrency crowdsourcing that it will be a major surprise if he finds time to question the government’s role in all this.

Liberal efforts to control the scope of the inquiry have arraigned an unholy alliance of opposition, including civil liberties groups and the opposition parties (not counting the NDP of coarse).

“The requirement to call an inquiry was put into the Emergencies Act to ensure a robust examination of the government’s use of emergency powers. The broader context is important but the government’s attempts to divert attention from their own actions is concerning,” said Abby Deshman, director of the criminal justice program at the Canadian Civil Liberties Association.

The question of whether the Trudeau government’s unprecedented use of the Emergencies Act met the legal threshold — namely, that there was a threat to the sovereignty and security of Canada that could not be dealt with under existing laws — is not mentioned in the order in council directing the inquiry.

In question period on Tuesday, Conservative MP Michael Chong said that to answer the question of whether the government met the legal threshold, the judge needs access to cabinet documents. “Former prime minister Harper waived cabinet confidences in the Retired Vice-Admiral Mark Norman case and in the Senator Mike Duffy case. Will the government do the same for the public inquiry?” he asked.


Public Safety Minister, Marco Mendicino, said that the government is prepared to “shine a light” (?) on events leading to the proclamation of the act. He said the order in council makes clear the judge has the independent power to compel witnesses and documents, including classified information.

But if you believe that, I have some inflation-proof Bitcoin to sell you. The government knows what the inquiry will find because it has rigged the system.

Justin Trudeau said Justice Rouleau will look into the circumstances that led to the Emergencies Act being invoked and make recommendations to “prevent these events from happening again” (my italics). For the prime minister, it’s all about the context. The judge has marching orders to look at the evolution of the convoy, including its leadership and its participants; to examine the impact of domestic and foreign funding; to look at the role of misinformation and disinformation, including the use of social media; to assess the economic impact; and to look at the efforts of police.

If Justice Rouleau does find a minute to delve into the delicate subject of government accountability, he will likely find, as did Ethics Commissioner Mario Dion in the SNC Lavalin investigation, that cabinet documents are ruled out of bounds. The decision on what is released is the decision of the clerk of the Privy Council, Janice Charette, according to Section 39 of the Canada Evidence Act. And she has already ruled in an ongoing court case into the invocation of the Emergencies Act that the minutes of the Incident Response Group cabinet committee and submissions to cabinet by Mendicino should be omitted from the government’s response.

The Canadian Constitutional Foundation (CCF) is applying for a judicial review of the government’s decision in Federal Court but has found itself stymied from accessing what its counsel calls “the most relevant evidence and explanations.”

According to Mendicino’s own account, which was tabled in Parliament, the decision to invoke the act was made after “robust discussions” by the Incident Response Group at meetings on February 10, 12 and 13th (the act was invoked on February 14th). As the CCF submission makes clear, without that information, the record is silent on whether cabinet had reasonable grounds to believe that the blockade could not be dealt with under any other law.

Sujit Choudhry, counsel for the CCF, said he is now seeking that information on a counsel-only basis to protect its confidentiality, with a hearing at the end of May.

“If you don’t share that evidence, you are effectively saying ‘just trust us.’ But that’s not how we do law in this country,” said Choudhry.

It would be nice if he is right. But having watched for too many years how governments work, my heart is crusted with the snows of pessimism and the ice of cynicism.

The available evidence suggests that the government overreached with the Emergencies Act. It shows that police cleared protests in Coutts, Alta. and Windsor, Ont. without resorting to the Emergency Act’s provisions. It records that Emergency Preparedness Minister Bill Blair said publicly that police had all the tools they needed the week before the act was invoked. It reveals Mendicino referred to protesters as being “driven by an ideology to overthrow the government” without presenting any proof.

Even if true, as the Canadian Civil Liberties Association says in its ongoing lawsuit with the federal government, the presence of a small number of dangerous individuals in a specific location, while concerning, would not be enough to justify the proclamation of a nationwide emergency. “A proclamation of emergency cannot be grounded in nebulous and strained claims about unspecified danger,” it says in its court filing.

The Emergencies Act was designed as a measure of last resort, which is why it was never used before February 14th. Tommy Douglas, the NDP’s founder, referred to the use of its predecessor legislation, the War Measures Act, by the current prime minister’s father as a “sledgehammer used to crack a peanut.”

Unless the government releases stunning new information, the only conclusion that can be reached is that the response was disproportionate to the threat — “unnecessary, unjustifiable and unconstitutional,” in the words of its opponents.

But it seems very unlikely that the public inquiry will reach the same conclusion.
 

Ron in Regina

"Voice of the West" Party
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Turns out the Ottawans coulda handled 'em with a few cartons of eggs. . .
And shovels full of gov’ propaganda.

Medicine Hat’s Tamara Lich, one of the organizers of the Freedom Convoy truckers protest that occupied Ottawa’s downtown for three weeks in February, has been awarded The George Jonas Freedom Award by the Calgary-based Justice Centre for Constitutional Freedoms (JCFF).

Lich will receive the award on June 16 at a ceremony in Toronto.


“Ms. Lich inspired Canadians to exercise their Charter rights and freedoms by participating actively in the democratic process, and took the initiative to help organize a peaceful protest and serve as one of its leaders,” said JCCF President John Carpay in a statement to the Toronto Sun.

“The resulting peaceful protest in Ottawa awakened many Canadians to the injustice of Charter-violating lockdowns and mandatory vaccination policies. Ms. Lich has suffered for the cause of freedom by spending 18 days unjustly jailed, and exemplifies courage, determination and perseverance.”

Lich was arrested in Ottawa on Feb. 17, a day before the start of a large police operation to remove protesters over several days.

Prior to her arrest, some Ottawa citizens complained about harassment and business disruptions by some protestors, while others went to court to get a 10-day injunction against the truckers blaring their horns.

Lich was charged with mischief, counselling mischief, intimidation, counselling intimidation, counselling obstruction of police and obstructing police.

The allegations have not been proven in court.

Her denial of bail on Feb. 22 was overturned on March 7 on the conditions that she remain off social media, leave Ottawa within 24 hours, the province of Ontario within 72 hours, and only return to the province for court-related reasons.

Her lawyer was in court as recently as a week ago to appeal the court-imposed restrictions on social media.

The JCCF prize was named in honour of author, poet and columnist George Jonas (1935-2016) who promoted freedom throughout his life, both before and after coming to Canada from communist Hungary.
 

Ron in Regina

"Voice of the West" Party
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The Trudeau government was in self-congratulatory mode on Monday, after it announced the creation of an independent public inquiry into its use of the Emergencies Act during the trucker convoy crisis earlier this year.


The actions of the protesters obviously have to be examined to the extent they are relevant to the government’s decision to use the Emergencies Act. One cannot assess the government’s response without considering what it was responding to.

But Justice Rouleau should ensure the inquiry does not lose focus. His subject must be what the Trudeau government did, and whether it was appropriate under the circumstances. It is the government, and the government alone, that is in the hot seat.
 

pgs

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The Trudeau government was in self-congratulatory mode on Monday, after it announced the creation of an independent public inquiry into its use of the Emergencies Act during the trucker convoy crisis earlier this year.


The actions of the protesters obviously have to be examined to the extent they are relevant to the government’s decision to use the Emergencies Act. One cannot assess the government’s response without considering what it was responding to.

But Justice Rouleau should ensure the inquiry does not lose focus. His subject must be what the Trudeau government did, and whether it was appropriate under the circumstances. It is the government, and the government alone, that is in the hot seat.
Not according to them , this inquiries sole objective is to cover up the Liberal stench .
 

Ron in Regina

"Voice of the West" Party
Apr 9, 2008
17,111
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Regina, Saskatchewan
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