emergencies act

Saturday February 18, 2023

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Saturday February 18, 2023

Emergencies Act report finds Trudeau met threshold to shut down convoy protest

February 10, 2022

Police dysfunction, stubborn politics and a failure of federalism turned last winter’s “Freedom Convoy” protests into a national crisis that warranted the first-ever use of the Emergencies Act, Ontario Justice Paul Rouleau concluded in a much-anticipated report.

Rouleau determined — “with reluctance” — that Prime Minister Justin Trudeau’s Liberal government met the “very high threshold” to trigger the act and create a host of extraordinary police powers to quash the protests. But Rouleau also called the protests “legitimate,” and blamed government leaders and police for failing to “properly manage” the demonstrations against COVID-19 health measures, which he described as a predictable response to a disruptive pandemic.

“Had various police forces and levels of government prepared for and anticipated events of this type and acted differently in response to the situation, the emergency that Canada ultimately faced could likely have been avoided,” Rouleau wrote in the report, which was released Friday. “Unfortunately, it was not.”

October 27, 2022

Rouleau blamed the police for a “series of failures” that “contributed to a situation that spun out of control.” He called the crisis a “failure of federalism,” concluding that — at least sometimes — political leaders from different levels of government did not “rise above politics and collaborate for the common good.”

Rouleau also singled out Trudeau for using inflammatory language when he said during the crisis that protesters were part of a “fringe minority” with “unacceptable views.” This made the situation worse by “further embittering” protesters towards government authorities, Rouleau wrote. Even though Trudeau may have been referring to racist and extremist messages — Nazi and Confederate flags were spotted at the Ottawa protest — Rouleau wrote the prime minister should have acknowledged “the majority of protesters were exercising their fundamental democratic rights” to denounce what they saw as government overreach.

February 15, 2022

Speaking later on Parliament Hill, Trudeau expressed regret about his words about convoy protesters for the first time.

“I wished I’d have said that differently,” he told reporters.

He added that there is still a “very small number of people in this country who deliberately spread misinformation that led to Canadians’ deaths” during the pandemic.

Trudeau also recognized that governments, including his own, could have worked better together during the crisis. He pledged to carefully study and respond to Rouleau’s 56 recommendations — which call for better intelligence-sharing between police agencies, changes to the Emergencies Act and improved government transparency, among other things — within six months.

February 19, 2022

“We didn’t want to have to invoke the Emergencies Act. It’s a measure of last resort. But the risks to personal safety, the risk to livelihoods and, equally, the risk of people losing faith in the rule of law that upholds our society and our freedoms — those risks were real, and responsible leadership required us to restore peace and order,” Trudeau said.

In Calgary, Conservative Leader Pierre Poilievre — who expressed support for convoy protesters during the crisis — accused Trudeau of fomenting the crisis by making COVID-19 vaccines a political issue in the 2021 federal election.

“He thinks that if you’re afraid of your neighbour, you’ll forget that you can’t pay your rent. If you’re afraid of a trucker, you might forget that you’re hungry and take your eyes off of the guy who caused the problem in the first place,” Poilievre said, blaming the prime minister for inflation and a host of other problems. (The Peterborough Examiner) 

 

Saturday November 5, 2022

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Saturday November 5, 2022

Where is Pierre Poilievre as the facts come out about the ‘Freedom Convoy’?

One story about the convoy protest is not aging well in 13 days of public hearings into events that rattled through Canada last winter.

October 20, 2022

This is the story — still embraced by some Conservative MPs and strident fans of the demonstrators— that the so called “Freedom Convoy” was merely a giant party that would have ended if the participants got a fair hearing from Justin Trudeau’s government.

One OPP intelligence assessment on Feb. 14, as the Star has reported, warned that “potential for conflict or an act of violence is likely increasing as the Ottawa blockade continues.”

This same assessment also served notice that some protesters “appear to be largely unconcerned about potential legal consequences, as they view the state’s institutions as illegitimate and their own ‘fight for freedom’ as all important. Some view themselves as being at war with the Canadian government and everything it represents.”

August 26, 2022

This may be why Conservative Leader Pierre Poilievre hasn’t been seen anywhere near these hearings, giving the kind of support to the convoy he did last winter. Ditto for former leader Andrew Scheer or any of the other MPs who cheered on the protest, even after it was deemed a full-fledged occupation of Canada’s capital in its earliest days.

It may still remain an open question on whether Canada was in the throes of a full-fledged emergency when Trudeau’s government invoked the declaration to end the protest on Feb. 14.

But the notion that this was just an innocent protest romp — a cold-weather Canada Day with trucks and hot tubs — is simply unsustainable in the face of all the testimony to date at the hearings.

June 30, 2022

As recently as June, Poilievre was also still insisting on social media “that Trudeau could have ended the trucker protest in one day, if he’d had the guts to listen to the people — and let them go back to their jobs.”

But police and intelligence officials, from all levels and despite their internal spats, have testified that negotiation of any type had its limits, especially because there was no one overall group controlling the protest or demonstrators. Demands, such as they were, ranged from ridiculous (oust the prime minister) to totally unrealistic (end all vaccine mandates immediately.)

Poilievre and the Conservatives haven’t been asked yet how they square their support for the convoy in light of all that has been put on the record so far — the steady, sustained refrain from police and security officials that this was not a good episode for law and order in Canada. How this fits with the Conservative brand as law-and-order advocates remains to be seen too.

February 8, 2022

Now, the all-fun-and-games narrative may re-emerge during the rest of this week when the commission moves from police witnesses to testimony from the convoy organizers.

Lawyers for those organizers, when they’ve had a chance to cross-examine the police officers and political types, so far appear to be making the case that the convoy was mainly a peaceful winter carnival, with a few bad apples here and there.

Judging from mail I’ve received recently about the hearings, some Canadians still fiercely cling to that view too. “We travelled from Hamilton to see for ourselves, and you know what? We saw fun, happy, peaceful people from all backgrounds and regions in Canada. A DJ, pancake breakfast, bouncy castle, fun for the kids and not one instance of the terror, violence and fear you described,” one letter writer told me last Friday.

Unfortunately, that view of the convoy just isn’t standing up in the face of all the evidence presented to date. It isn’t the “Liberal media” or government operatives saying the convoy was dangerous — it is police and security officials, from all levels.

A national emergency? Maybe, maybe not. But just a fun party? That story no longer stands up. (The Toronto Star) 

From sketch to finish, see the current way Graeme completes an editorial cartoon using an iPencil, the Procreate app, and a couple of cheats on an iPad Pro … These sped up clips are posted to encourage others to be creative, to take advantage of the technology many of us already have and to use it to produce satire. Comfort the afflicted. Afflict the comforted.

Friday November 4, 2022

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Friday November 4, 2022

Virus’, a summons, strike, and notwithstanding: A bad week for Doug Ford

August 3, 2022

Some of the largest pediatric hospitals across the country are being overwhelmed by an unprecedented surge in sick children, forcing them to keep families waiting for hours in emergency departments, cancel surgeries and transfer some teens to adult facilities.

An unusually early upswing in respiratory syncytial virus (RSV) infections is partly to blame. But other problems – including the inability of many families to find primary care providers and a shortage of over-the-counter fever and pain medication for infants and children – are adding to the crisis.

With emergency rooms seeing far more seriously ill children than normal and pediatric in-patient and intensive-care units at or near capacity, doctors say they are unsure how the health care system will cope when cold and flu season hits its peak in the next few months. (The Globe & Mail) 

June 16, 2021

Meanwhile, Ontario has now passed legislation making it illegal for 55,000 education workers represented by the Canadian Union of Public Employees to strike and imposing a contract on them.

The workers are expected to walk off the job Friday after mediation between the Ontario government and the Canadian Union of Public Employees (CUPE) failed to reach a deal. There’s no word on when the job action will end. School boards are advising parents to make alternative child-care plans into next week.

Education Minister Stephen Lecce said the government had no choice but to proceed with its legislation, which includes the notwithstanding clause that allows the legislature to override parts of the Canadian Charter of Rights and Freedoms for a five-year term.

November 2, 2022

“For the sake of Ontario’s two million students, to keep classrooms open, CUPE has left us with no choice but to pass the Keeping Kids in Class Act,” he said.

“It is my hope and expectation that they will show up tomorrow for our kids,” said Lecce, saying the union would not rescind its intent to strike when the two parties went back to the bargaining table. 

Bill 28 will make strike action illegal, though the CUPE has said workers will walk off the job Friday regardless. Early childhood educators, educational assistants and custodians are among those taking part in the strike.

Premier Doug Ford, who was not present during the final vote on Bill 28, said Thursday that the union left him with “no choice” but to introduce Bill 28. He said students have already suffered through two years of pandemic disruptions, and the government will use every tool at its disposal to ensure kids stay in class full-time. (CBC News) 

October 27, 2022

Ontario government lawyers argued Tuesday there would be “irreparable harm” to the rule of law if Premier Doug Ford and a top minister were compelled to testify at a federal inquiry after citing parliamentary privilege in trying to avoid doing so.

But lawyers for the Public Order Emergency Commissioner, which is overseeing the inquiry, argued evidence of that harm was “speculative” at best.

The arguments were made in Federal Court as Ford and then-solicitor general Sylvia Jones look to quash a summons for them to appear at the inquiry examining the the federal government’s use of the Emergencies Act to end the so-called Freedom Convoy protests in Ottawa and Windsor, Ont., last winter.

February 16, 2022

Both Ford and Jones have argued through their lawyers that they’re immune to testifying after invoking parliamentary privilege, a centuries-old privilege enshrined in the constitution that is granted to sitting politicians.

Parliamentary privilege is what protects the separation of court, the Crown and the legislature in the proper functioning of a constitutional system, said Susan Keenan, a lawyer for the province.

Justice Simon Fothergill said both Ford and Jones have “relevant” testimony to give and that the harm to them, practically speaking, is “not all that serious, just two people testifying.”

He noted that parliamentary privilege resulting in immunity to being summoned to a criminal or civil court is a long-standing privilege. But Fothergill said this case will turn on whether he finds that privilege applies to public inquiries.

The judge said he’ll have a decision by Nov. 8, two days before Ford and Jones are schedule to testify at the inquiry. (Global News) 

From sketch to finish, see the current way Graeme completes an editorial cartoon using an iPencil, the Procreate app, and a couple of cheats on an iPad Pro … These sped up clips are posted to encourage others to be creative, to take advantage of the technology many of us already have and to use it to produce satire. Comfort the afflicted. Afflict the comforted.

 

 

Thursday October 27, 2022

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Thursday October 27, 2022

Doug Ford can’t hide from the Emergencies Act inquiry

For the past 10 days Canadians have been watching as the closed doors that protect politicians and police from public scrutiny have been ripped from their hinges.

February 10, 2022

The inquiry into the federal Liberal government’s decision to invoke the Emergencies Act, headed by Ontario Court of Appeal Justice Paul Rouleau, has been a gold mine for information junkies, with its fire hose release of documents, emails, handwritten notes and direct testimony into the fiasco that was the so-called Freedom Convoy in Ottawa last winter.

This inquiry has been illuminating, but it sure hasn’t been pretty. We have been offered an unfiltered look at clashing egos, duelling priorities and internecine rivalries. We have been privy to police infighting and dysfunction, charges of an “insurrection” against the former Ottawa Police Chief, Peter Sloly and repeated tales of intelligence and communications failures. We have heard from outgoing Ottawa Mayor Jim Watson and await testimony from Sloly and Prime Minister Justin Trudeau and senior ministers.

But if Ontario Premier Doug Ford gets his way, we won’t be hearing from him. Transparency and accountability are nowhere on his to-do list.

The decision of Ford and his former solicitor-general and now Deputy Premier Sylvia Jones to refuse to testify at the inquiry is indefensible. It is also displays an astounding level of arrogance and political ineptitude.

February 15, 2022

The inquiry has already heard that, according to notes from a Feb. 8 phone call between Watson and Trudeau, the prime minister thought Ford was “hiding” from his responsibilities for political reasons. Ford is now hiding in plain view, no notes required.

Testimony so far has cast the response — or more accurately the detachment — of Ford and his cabinet in an unsavoury light.

Watson testified he felt it was “disingenuous” that Queen’s Park had claimed it had sent 1,500 OPP officers to help police the occupation. Watson put the actual number closer to 50 or 60. He testified that Ford thought it would be a waste of time to join other levels of government to sit around a table “talking and making decisions,” and federal Emergency Preparedness Minister Bill Blair, according to notes of a meeting, thought Ford was “worried about being visible” and facing questions about his response.

Ford has also been disingenuous — if not wilfully misleading — when he told reporters last week that he hadn’t been asked to testify. Indeed, according to the letter released by commission counsel Monday, he and Jones had many times been asked and they had many times declined requests from the inquiry to sit down for interviews. Those interviews would have been the first step before public testimony.

February 19, 2022

According to a provincial spokesperson, Ford was being truthful when he said he had not been asked to testify, only to be interviewed, and that the request for testimony came after his public remarks. That can only be described as “parsing,” and Ontarians — and Canadians — deserve transparency, not a surgical semantic dissection.

Ford has been outmaneuvered on all sides. He is rightly being pilloried at Queen’s Park for his evasiveness, but Trudeau already has what he needs from the premier — a public declaration that a Progressive Conservative leader of the largest province stood “shoulder-to-shoulder” with his decision to declare the Emergencies Act. That gives the Prime Minister a shield against the convoy-friendly Conservative opposition in Ottawa and its friend-in-chief Pierre Poilievre.

On Tuesday, Ford’s lawyers filed a notice of application in Federal Court citing “parliamentary privilege” as the reason neither the premier nor former solicitor general Sylvia Jones should be compelled to appear.

August 27, 2019

“The applicants make this application for … quashing the summons to witness issued … to Premier Doug Ford (and) … Minister Sylvia Jones dated October 24, 2022,” the court documents say.

“The summonses were issued without jurisdiction, pursuant to an error of law, and must be quashed,” the legal action continues.

We don’t yet know whether the invocation of the Emergencies Act was required. But this is ultimately a political question, not a policing matter. Which makes the behaviour of Ford and Jones even more puzzling. Both ducked as the legislature reconvened Tuesday, leaving House leader Paul Calandra to declare, “this is a policing matter not a political one.” Just one more disingenuous statement from the Ford government. (Hamilton Spectator Editorial) 

From sketch to finish, see the current way Graeme completes an editorial cartoon using an iPencil, the Procreate app, and a couple of cheats on an iPad Pro …

Thursday October 20, 2022

October 20, 2022Hamilton Spectator – Thursday October 20, 2022

Emergencies Act inquiry spells trouble for Trudeau, Poilievre

To say this will be a political and media circus is an understatement. The list of potential witnesses includes key members of cabinet, such as Deputy Prime Minister Chrystia Freeland, Public Safety Minister Marco Mendicino and, most notably, Prime Minister Justin Trudeau. Convoy organizers including Tamara Lich, Pat King and Chris Barber are also expected to be called.

May 13, 2022

The most important part of this hearing may not be the testimony of politicians or convoy supporters, however, but that of the RCMP and intelligence services. How did they assess the threat to public safety? What advice did they give the government, or not? How was that advice treated once received? Was it exaggerated or misinterpreted in any way?

Canadians need clarity on the real state of the threat. If the government overreached for political purposes, then the Liberals will pay the price. Expect the Conservatives to try to find every opportunity to bring the government down before its self-imposed deadline of 2025. The Commission’s report is due by next February — in time for a spring budget and a confidence vote in the House that could plunge Canada into an election.

If the Commission finds that the government was justified in invoking the act, however, the shoe is on the other foot. Expect Liberals to start running attack ads featuring a smiling Poilievre and fellow Conservatives ferrying coffee to protesters. Trudeau could then either engineer his defeat over the budget, or simply dissolve Parliament and go to the polls. And if he doesn’t pull the plug in the spring, there’s always next September, when convoy leaders go to court on a number of criminal charges, and the whole circus starts again.

August 26, 2022

At a time when inflation is rampant, interest rates are rising, and the Liberal government looks increasingly past its best before date, Trudeau doesn’t have many cards to play. The one card he has is that the Conservatives failed to stand for law and order — one of the pillars of their party, no less — at a time of national crisis. And he knows that the convoy does not sit well with “the public” its proponents claimed to represent.

Polling done at the time of the protests found that a majority did not support the convoy protests, including in Alberta where 61 per cent disagreed with the goals of the protest and 67 per cent disagreed with the means. And a Nanos poll taken six months later found that 70 per cent of Canadians still take a negative or somewhat negative view of politicians who openly supported the protests. Another recent Nanos poll found that support for the convoy was one of the “negative” attributes voters held about Poilievre, together with being “too right wing,” divisive, and “similar to Donald Trump.”

Will “Memories of the Freedom Convoy” be the secret sauce that Trudeau uses to win a fourth term in office? Will the Tories founder over ill-advised Tim Hortons runs? Time — and testimony — will tell. (The National Post)