I was talking to my father about the Ottawa Freedom Convoy Protests and what to do about them. This was before PM Trudeau announced the that his government would be implementing the *Emergencies Act and before the police finally did some real police work and cleared out most of the trucks and protesters.
*Note: Canada was NOT facing a National Emergency when PM Trudeau accounced that his government would be implementing the Emergencies Act. The protests at the border crossings in Coutts Alberta and Windsor Ontario had long been cleared up. While there were smaller protests happening sporadically across Canada; these protests did not amount to a NATIONAL EMERGENCY. The protests in Ottawa amounted to a localized emergency isolated to a few blocks of downtown Ottawa. While these protests may (or may not) have presented real or potential security issues; these were localized issues which the municipal police and provincial police ought to have dealt with. But they had a really hard time dealing with them for reasons that I, nor will many Canadians really understand. Did they not see this coming!?!?!?!?! Had they not seen a protest before? Why were they so unprepared and so unwilling to act? How is it that the G-20 Toronto protests, Black Lives Matters protests and any Indigenous protests (BC, Belleville, near any pipeline) get cleared up so quickly by police (often using force), yet for this protest it seemed like authorities rolled out the red carpet to the protesters? But that’s a topic for another day, perhaps from a Civil Rights Lawyer.
Back to the topic of what amounts to be a National Emergency and whether or not the Ottawa Truck Protest qualified as such. The definition of “National Emergency” under the Emergencies Act is as follows:
National emergency
3 For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that
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(a) seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or
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(b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada
and that cannot be effectively dealt with under any other law of Canada.
The Ottawa Police Service and the Ontario Provincial Police ought to have been able to deal with this situation without the implementation of the Emergencies Act. Implementing the Emergencies Act should only be done when facing a real National Emergency. While it’s embarrassing that the capital city of a G7 nation can be blockaded by a few trucks, this is not a National Emergency. This is a time for the Ottawa Police, the OPP and the National Capital Commission to reflect on the lack of preparedness, lack of urgency and lack of security in Ottawa. It should have never reached a point whereby Ottawa was blockaded for 3 weeks. But I digress back to topics as they relate to personal injury law and car insurance to keep things on point.