The federal government has not met the threshold necessary to invoke the Emergencies Act. This law creates a high and clear standard for good reason: the Act allows government to bypass ordinary democratic processes. This standard has not been met. 1/3
Governments regularly deal with difficult situations, and do so using powers granted to them by democratically elected representatives. Emergency legislation should not be normalized. It threatens our democracy and our civil liberties.
#cdnpoli
The Emergencies Act can only be invoked when a situation "seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada" & when the situation "cannot be effectively dealt with under any other law of Canada."
We are deeply disappointed the government chose to make tonight's vote a matter of confidence.
This morning, we asked the government to revoke the emergency declaration and barring that, to at minimum commit to a free vote in Parliament.
A police officer stopped me this morning near my hotel in Ottawa and told me that I was in a secure zone and as a journalist I was not allowed to take pictures. I hope he was misinformed or it doesn’t speak well of press freedoms in Canada.
Let's be clear: there is no legal justification for using the emergencies act.
The broad powers the government has granted to police curtail Charter rights across the country.
This risk of abuse is high.
The emergency declaration should be immediately revoked.
The blockades have fallen - and the government’s primary justification for invoking the Emergencies Act is gone.
We are calling for the government to immediately revoke the declaration of a public emergency.
Warning journalists about safety risks in the protest zone is reasonable. Threatening them with arrest for doing their jobs is not.
Time and time again, Canadian courts have ruled against exclusion zones and other limits on the press.
#cdnpoli
All media who are attending the area, please keep a distance and stay out of police operations for your safety. Anyone found within areas undergoing enforcement may be subject to arrest. There will be a media availability later today at 474 Elgin Street.
#ottnews
BREAKING: Today, the Nova Scotia Court of Appeal agreed that the Gov’s exceptionally broad injunction went too far. It subjected every single person in NS to unreasonable restrictions on fundamental rights in the absence of evidence that this was necessary or proportional.
We welcome the government’s decision to revoke the proclamation of emergency – it is overdue.
From the outset, however, we have stated that the government did not meet the legal thresholds set out in the Emergencies Act.
Today, we filed an application for judicial review in federal court requesting an order quashing the Emergency Proclamation and the Emergency Measures Regulations and the Emergency Economic Measures Order.
You can read it here:
Today we are calling for the Inquiry on the Emergencies act to have broad powers and for it to be truly independent.
Anything short of that is a sham. Canadians are owed the truth as to why their civil liberties were suspended.
#cdnpoli
1/3
Instead the government made it a confidence matter and we have seen numerous government MPs express both publicly and in confidence to us that they would vote against the emergency declaration if given a chance.
BREAKING: The Ford Government is using the notwithstanding clause. No Ontario Premier has ever invoked this nuclear constitutional option, until this one, who has a rash constitutional tantrum whenever a court dares to enforce Ontarians’ constitutional rights.
#onpoli
We will be consulting with our counsel over the next few days to determine what the next steps are in our litigation, but at this time we will continue our case.
If the government won't revoke the declaration of a public emergency it must allow a free vote.
We are calling on all parties to allow a free vote, if there is one, so that individual legislators may vote according to their own personal conscience.
Whether the Emergencies Act should have been invoked in the first place will continued to be discussed, both in the legislature and in the courts.
The question today is whether the emergency orders should continue. The clear answer is no.
#BREAKING
It’s a Black Friday of rights slashing by Queen’s Park today, risking a rash of racial profiling and overbroad police powers, presuming everyone outside guilty until proven otherwise. The mobility rights restrictions fail to achieve constitutional proportionality.
We also continue to believe that it's important for the courts to comment on the legal threshold and constitutional issues so as to guide the actions of future governments.
Even though the orders are no longer in force, Canadians are left with the precedent.
The testimony of CSIS’ witnesses today at
@POECommission
confirms that CSIS expressed its view to the government that there was no threat to the security of Canada as required to trigger the Emergencies Act.
#cdnpoli
#EmergenciesActInquiry
Statement 👇
Le gouvernement fédéral n’a pas atteint le seuil nécessaire pour invoquer la Loi sur les mesures d’urgence. Si l’invocation de cette loi requiert le respect d’une norme élevée clairement définie, c’est pour une raison bien précise :
BREAKING: CCLA succeeds in challenge to
@ONgov
anti-carbon tax sticker. ON Superior Court finds the sticker is compelled speech - it violates
#freeexpression
and is not justified or reasonable.
#victory
#onpoli
#canpoli
The notwithstanding clause was never meant to be used in contract negotiations. This misuse, and the flagrant disregard for individual rights is wrong and it is dangerous to our constitutional democracy.
#onpoli
Read our full statement:
This use of the Emergencies Act is unnecessary, unjustifiable and unconstitutional.
The high threshold to invoke the act has not been met.
It is in light of all these violations of civil liberties that we will be taking the government to court.
We continue to believe that there was an insufficient legal basis for resort to the Emergencies Act and that the orders the government passed under this legislation were unconstitutional.
The government has already said they intend to bring motions to try to end the case without a ruling on the merits.
We will be fighting these motions in court and plan on proceeding with our litigation.
#cdnpoli
The Federal government has not met the legal threshold to invoke the Emergencies Act. All people in Canada are currently subject to the federal emergency orders. They impose drastic limits on peaceful assembly and other constitutional rts.
They are not geographically targeted.
We are aware that our website is not working at the moment.
There has been no hack or any tampering - it is simply down due to overwhelming traffic.
Our digital team is working to get it back up ASAP.
But the requirement to call an inquiry was put into the
#EmergenciesAct
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.
#cdnpoli
We have reviewed the latest
@fordnation
order on police powers, just released.
Sometimes our bark has bite. The unconstitutional, horrific expansion of police powers is no more. Statement to follow.
#onpoli
#canpoli
Changing the election rules to favour an incumbent government is unconstitutional, and undemocratic.
The notwithstanding clause was designed to be a democratic safety valve, not a brazen power grab to tilt election rules in a government’s favour.
#onpoli
The emergency orders require financial institutions to turn over personal financial information to CSIS & the RCMP & to freeze the bank accounts of those who attended, or provided assistance to those participating in, a prohibited assembly – all without judicial oversight.
➡ Engage the services of counsel and any experts or assistants they deem necessary; and
➡ Allow any person whose conduct is being investigated to be represented by counsel.
And most importantly, the inquiry must be transparent and its proceedings must be open to the public.
The inquiry must be able to:
➡ Summon witnesses and require them to give evidence orally or in writing on oath or affirmation;
➡ Require witnesses to produce documents;
➡ Enforce the attendance of witnesses and production of documents as would a court of record in civil cases
"Emergency is not in the eye of the beholder. Emergency powers are necessary in extreme circumstances, but they are also dangerous to democracy. They should be used sparingly and carefully."
Read our press release on the Emergencies Act decision:
The Inquiry into the Emergencies Act needs to be public.
Canadians deserve to know why it was invoked and if there was a true legal justification for invocation.
📰👇
@StarOpinion
piece co-penned by
@CaraZwibel
@Cheryl_Milne
Wesley Wark and Mary Eberts
There's no question the protest in Ottawa has been incredibly disruptive - and that many have suffered harassment, intimidation & property damage, some of it racist and homophobic.
Police need to be there to address these acts and protect communities. But,
Invoking the notwithstanding clause is an admission the Saskatchewan government knows its actions are unconstitutional.
The notwithstanding clause is the nuclear option. Using it to destroy the rights of students is unconscionable.
#skpoli
The Supreme Court ruled today that corporations cannot claim “cruel and unusual treatment” and do not have a Charter right to this protection. This is a victory for human rights.
A day of infamy for Canada’s constitution, with Ontario using the notwithstanding clause for the first time, using guillotine motions to silence debate, for a third-party election spending gag law ruled unconstitutional by the courts.
We are considering our next legal steps.
The emergency orders are not targeted. They are not limited to specific protests, or specific geographic locations. They are expansive, have already come into effect & apply equally across Canada.
They place unprecedented restrictions on Canadian’s constitutional rights.
There is no evidence that an Ontario curfew would help with the public health crisis, but we do know that it would empower police to stop and question people for no reason.
Those already subject to disproportionate police scrutiny are likely to be the targets.
#onpoli
The situation in Ottawa has been complicated, difficult and painful - but governments already have the lawful authority to address difficult situations and do so all the time.
Les gouvernements doivent régulièrement composer avec des situations difficiles et ils le font en utilisant les pouvoirs qui leur sont accordés par leurs représentants démocratiquement élus.
The Superior Court of Ontario has agreed with CCLA that the government cannot compel private retailers to convey a political message on its behalf. Read the decision at:
Today's ruling from the Supreme Court of the United States is an appalling step back in the ongoing struggle for equality and the consequences for the health and dignity of women, girls and trans individuals who need abortions will be dire.
Since when does
@PattyHajdu
speak for police + prosecutors?
@GovCanHealth
has no legal authority to threaten criminal sanction. Leave policing to police. She gets podium for health care but not the legal system. Officially unhelpful.
Last week police services across Ontario quietly got access to a new database – a COVID-19 testing database, with the names, addresses, and dates of birth of those who have tested positive for the virus.
An open letter to
@AhmedDHussen
:
Public reports of systemic discrimination by Canada against Iranian residents both here and overseas requires your urgent attention.
Read the letter here:
#DelayedIranianApplications
#cdnpoli
"A government … can "stick it to" another tier of government in an election campaign.... But a government cannot legislate a requirement … designed to accomplish that task. The mandatory fuel pump Sticker is an unconstitutional attempt to do just that”: Justice Ed Morgan.
On the anniversary of Canada's
#charterofrights
, we have today retained counsel and are preparing to go to court in the coming days, to challenge the Black Friday Regulation 294/21. 1/6
If you have been whacked with a big ticket (eg., $750 fine) for a COVID distancing violation or driving with non-family member OR WORSE, please email us at covid19
@ccla
.org.
We need your help in gathering facts + evidence and monitoring how authorities are enforcing new laws.
It is extremely disappointing that Premier Ford and Minister Jones would challenge the summons in this manner.
The public order emergency commission is tasked with examining what led to the invocation of the Emergencies Act and learning lessons from its use.
This is not true in New Brunswick - 90% of New Brunswickers do not have adequate access to abortion services. NB's gov has restricted abortion services to three hospitals in two cities - CCLA is currently in court to restore access to abortion services to all New Brunswickers.
Providing personal health information directly to law enforcement is an extraordinary invasion of privacy. Such a measure should only be taken when clearly authorized by law and absolutely necessary given the particular circumstances.
The
@cancivlib
has won the first round of its abortion lawsuit in New Brunswick. New Brunswick Court of Queen’s Bench has granted the CCLA standing to pursue its reproductive rights challenge against the
@Gov_NB
. More to come.
#nbpoli
#cdnpoli
BREAKING: Privacy Commissioner of Canada says "What Clearview does is mass surveillance and it is illegal." We're reading the full investigative report right now.
La Loi sur les mesures d’urgence ne peut être invoquée, selon ses propres termes, que lorsqu’une situation « menace sérieusement la capacité du gouvernement du Canada de garantir la souveraineté, la sécurité et l’intégrité territoriale du pays »
la Loi sur les mesures d’urgence permet en effet au gouvernement de contourner les mécanismes démocratiques ordinaires. À ce stade, cette norme n’est satisfaite.
We would like to extend our congratulations to Ontario students who exercised their rights yesterday in a walkout protest. If you've faced punishment for exercising this right, please get in touch with us!
et lorsqu’« il n’est pas possible d’[y] faire face adéquatement sous le régime des lois du Canada ».
Cette loi existe pour répondre à ce type de menaces extraordinaires pour le pays, non pour protéger son économie.
For students who want to attend today's
#WeTheStudentsDoNotConsent
walkout: If you are threatened with discipline or punishment for participating in the walkout, let us know.
Alongside CCF and Ottawa Coalition we are asking the commission to call Premier Doug Ford and Solicitor General Sylvia Jones to give evidence.
Their testimony is necessary.
The Law Reform Commission of Canada (1971-1993, 1997 - 2006) is back!! It recommended legalizing same-sex marriage well before it happened.
Shuttered twice by governments — Mulroney + Harper.
Revived by
@DavidLametti
and
@JustinTrudeau
in today's budget.
Good news 4 justice!
It’s time to ditch the notwithstanding clause.
The government cannot be allowed to get away with using the notwithstanding clause to violate human rights — not this time, not ever.
A police officer stopped me this morning near my hotel in Ottawa and told me that I was in a secure zone and as a journalist I was not allowed to take pictures. I hope he was misinformed or it doesn’t speak well of press freedoms in Canada.
Le gouvernement du Canada prétendait devoir invoquer l’extraordinaire Loi sur les mesures d’urgence pour faire face aux barrages. Ceux-ci sont à présent levés. Nous demandons au gouvernement de révoquer sa déclaration d’urgence publique immédiatement.
We stand with the thousands of students fighting for an inclusive and informative
#sexed
curriculum that teaches about about same-sex families, diverse relationships, cyberbullying, consent and more.
#freespeech
is a fundamental part of Cdn democracy. It applies even to those on parole expected to be "of good behaviour". The ON Parole Board's decision to continue detaining Cedar Hopperton for a speech given at a public meeting is deeply concerning.
Concerned to learn that
@TrueNorthCentre
&
@AndrewLawton
were denied media accreditation for debate on basis of "guiding principles" that are dated a day before the denial decision. Anxious to see what Fed Ct says about
#pressfreedom
and
#dueprocess
The Globe investigation may have already triggered a criminal investigation into allegations that PMO officials committed obstruction of justice and breach of trust under the Criminal Code.