Civil libertarians want open inquiry into use of Emergencies Act

Civil liberties groups push for open inquiry into Emergencies Act usage | Western Standard - Matthew Horwood:

April 14, 2022 - "Fifteen civil liberties groups petitioned the federal government for an open, independent and bipartisan inquiry into the prime minister’s use of emergency police powers against the Freedom Convoy. 'The government may have an incentive to keep this secretive and closed,' said Cara Zwibel, director of the Canadian Civil Liberties Association (CCLA). 'We want to avoid that. There is a need for this to be a public process.”

"According to Blacklock’s Reporter, the federal government invoked the Emergencies Act from February 14 to 23, which led to 230 arrests at a truckers’ protest outside Parliament and the freezing of some $7.8 million worth of bank and credit union accounts belonging to protest sympathizers.

"Section 63 of the Emergencies Act requires that within 60 days of its usage, the federal government must launch 'an inquiry to be held into the circumstances that led to the declaration being issued and the measures taken for dealing with the emergency.' The provision is separate from a Section 62 clause permitting review by a parliamentary committee, which is already underway.

"The Civil Liberties’ Zwibel said all petitioners, including groups unsympathetic to the political aims of Freedom Convoy truck drivers, were alarmed by the prospect of the Emergencies Act being normalized to crackdowns on protesters. 'This is about recognizing the act, once used, must not become something governments resort to,' Zwibel said. 'We must ensure this is not abused.'

"The CCLA challenged the federal government’s use of the act in a February 18 filing at Federal Court. The case is pending....

"'We are concerned about the use of state and police powers to suppress constitutional rights,' petitioners wrote. They said a federal inquiry 'must be a process that is designed around the pillars of transparency, openness and meaningful accountability.'"

Read more: https://westernstandardonline.com/2022/04/civil-liberties-groups-push-for-open-inquiry-into-emergencies-act-usage/

Trudeau's use of Emergencies Act challenged

'Legal standard not met': Two court challenges filed over Trudeau's use of Emergencies Act | National Post - Bryan Passifiume:

February 17, 2022 - "Two separate legal challenges were filed on Thursday against the federal Liberal government’s invocation of the Emergencies Act by civil rights organizations accusing Prime Minister Justin Trudeau of setting a dangerous precedent by invoking the act for reasons they say fall far short of the necessary legal thresholds. 'The government emergency declaration is unprecedented and seriously infringes the charter rights of Canadians,' said Noa Mendelsohn Aviv, executive director of the Canadian Civil Liberties Association (CCLA) in a Thursday afternoon press conference. The government brought in an extreme measure that should be reserved for national emergencies, a legal standard that has not been met.' Emergency powers, she said, cannot and must not be normalized in Canadian society.

"Joining the CCLA in challenging the government was the Canadian Constitution Foundation (CCF). 'The federal government has invoked the Emergencies Act as a matter of political convenience,' said CCF Litigation Director Christine Van Geyn in a press release announcing the foundation’s legal challenge. 'This is illegal and violates the rule of law, and that’s why we are challenging the government in court.'

"The prime minister invoked the Emergencies Act on Monday, insisting it was necessary to bring an end to protests, initially provoked by the federal government imposing vaccine mandates on cross-border truckers, that have snarled downtown Ottawa and interfered with Canada–U.S. border crossings. Freedom Convoy supporters have parked an array of transport trucks, heavy equipment and passenger vehicles ... throughout the Ottawa city centre ... followed by convoy-affiliated blockades at several Canadian border crossings ... most notably a days-long blockade at the Ambassador Bridge, a vital trade link between Canada and the United States.

"Protesters in downtown Ottawa awoke Thursday morning to find crews erecting fencing around Parliament Hill and throughout downtown — part of efforts, interim Ottawa Police Chief Steve Bell said, to establish a secure zone.... Police began arresting some protestors after 5 p.m., including Freedom Convoy organizer Chris Barber, who was handcuffed and led away surrounded by police while crowds shouted their disapproval.... Nearly 100 police-manned checkpoints will control access into the secure zone, barring those with no lawful purpose from entering the area."
Read more: https://nationalpost.com/news/politics/legal-challenge-against-emergencies-act-planned-by-constitutional-rights-group

CCF announces legal challenge to Trudeau’s invocation of federal Emergencies Act | Canadian Constitution Foundation:

February 17, 2022- "'Prime Minister Trudeau has set a dangerous precedent by invoking the never before used federal Emergencies Act to address the current situation. The high threshold for declaring a public order emergency in the Emergencies Act has not been met. The Act has been invoked to address a failure to use existing legal tools under the Criminal Code, which were used effectively on the Ambassador Bridge' ... said CCF Litigation Director, Christine Van Geyn. The Emergencies Act ... defines a national emergency ... [and] also requires that the federal government demonstrate that this situation cannot be effectively dealt with under any other law of Canada.

"'Emergency legislation should not be normalized. The threshold for using the Emergencies Act is extremely high and has not been met. The decision to invoke the Emergencies Act, which has never been used or interpreted by the courts, is unprecedented. If Parliament authorizes the proclamation of the public order emergency, the courts will be the last defence for the rule of law', continued Van Geyn. 'This isn’t about the convoy versus the city. This is about the rule of law.' 

"The CCF is represented by lawyers Sujit Choudhry and Janani Shanmuganathan. Members of the public ... interested in supporting the case can make a tax deductible charitable donation at theccf.ca/emergenciesact/."
Read more: https://theccf.ca/legal-challenge-emergencies-act/

CCLA Will Fight Invocation of Emergencies Act in Court | Canadian Civil Liberties Association (press release): 

February 17, 2022 - " The Canadian Civil Liberties Association (CCLA) announced today that it will pursue litigation to challenge the federal government’s use of the Emergencies Act. 'We have retained Ewa Krajewska of Henein Hutchison LLP to take the federal government to court. We have said all along that the federal government did not meet the high burden necessary to invoke the Emergencies Act,' said Noa Mendelsohn Aviv, Executive Director of the CCLA.... 'Governments already have the lawful authority to address difficult situations and do so all the time. This use of the Emergencies Act is unnecessary, unjustifiable and unconstitutional. Our society needs peaceful assembly – a critical democratic tool – even though not every person agrees with the content of every movement'....

"'We do not want to minimize the impacts of the protests that are occurring across the country. But, while some of the blockades have been immensely disruptive, it is unclear that the ongoing protests "endanger the lives, health or safety of Canadians" so as to rise to the threshold of a national emergency under the law,' said Abby Deshman, Director of Criminal Justice for the CCLA. 'The emergency orders that the government has tabled are not targeted. They are not limited to specific protests, or specific geographic locations. They are expansive emergency orders that have already come into effect and apply equally across the entire country. And they place unprecedented restrictions on every single Canadian’s constitutional rights. The current emergency orders place significant limits on peaceful assembly across the entire country. They require financial institutions to turn over personal financial information to CSIS and the RCMP, and to freeze the bank accounts and cut off financial services provided to anyone who has attended, or who has provided assistance to those participating in, a prohibited assembly – all without judicial oversight.'"
Read more: https://ccla.org/press-release/ccla-will-fight-invocation-of-emergencies-act-in-court-2/

Trudeau invokes Emergencies Act to suppress Freedom Convoy

Canada invokes unprecedented emergency measures — and triggers a political firestorm | Politico - Zi-Ann Lum:

February 14, 2022 - "Prime Minister Justin Trudeau has just taken the biggest risk of his political life. He’s gone all in, deciding to invoke the Emergencies Act — the first such use in Canada’s history — to put an end to the paralyzing truckers’ convoy. It’s a big bet for a third-term prime minister already facing criticism for politicizing the pandemic.... Invoking the Emergencies Act is a measure of last resort. It gives the federal government enormous powers to quell the disturbances, shut down crowdfunding and freeze the bank accounts of anyone assessed to be aiding the demonstrators. 

"Trudeau sounded a measure of both willfulness and desperation in a somber late afternoon press conference with Cabinet members. He made clear his conviction that the protests were no longer 'non-violent,' but also assured listeners that his government didn’t intend to use military force to put an end to the 'Freedom Convoy' occupation that is now entering its third week on Parliament Hill and encampments around the city.... He said the act doesn’t mean fundamental rights are suspended nor are Charter rights overridden. 'We are not limiting people’s freedom of speech,” he continued. “We are not limiting freedom of peaceful assembly. We are not preventing people from exercising their right to protest legally'....

Maksim Sokolov  Freedom Convoy protesters, Ottawa, Feb. 12, 2022. CC BY-SA, Wikimedia Commons.

"Criticism over the prime minister’s historic announcement came flying from all sides and levels of government.... New Democratic Party Leader Jagmeet Singh said Trudeau’s decision to invoke the act ... is evidence of a failure of leadership. 'The reason why we got to this point is because the prime minister let the siege in Ottawa go on for weeks and weeks without actually doing anything about it,' Singh told reporters.... Trudeau’s bid to protect democracy in Canada was slapped down by the Canadian Civil Liberties Association as an overreach. The association said the federal government hasn’t met the necessary threshold to enact emergency legislation, and cautioned against its repeated use. 'It threatens our democracy and our civil liberties,' the CCLA tweeted.

"Premiers, Canada’s provincial governors, are concerned Trudeau’s decision to invoke the Act could further inflame political entrenchment. 'We really need not to put oil on the fire,' said Quebec Premier François Legault ahead of Trudeau’s official announcement. Alberta Premier Jason Kenney said he respects citizens’ rights to protest.... Kenney called federal mandates, particularly those just being brought in as provinces and other countries are lifting measures, irresponsible public health policy that’s unsuitable 'particularly at a combustible time like this'....

"Trudeau made his historic announcement only an hour after MPs voted narrowly 185-151 against a Conservative motion proposing the government present a plan to lift federal vaccine mandates by the end of the month.... Interim Conservative Leader Candice Bergen backed the convoy protest from the onset.... 'The prime minister had an opportunity to talk and to listen to people who he disagreed with, and he refused to do so,' Bergen said. Invoking the Emergencies Act is a 'ham-fisted approach' that will likely have the opposite effect, she said, pointing the finger at the PM for escalating and inflaming the situation by using labels to deride people’s concerns and pandemic anxieties....

"Leadership hopeful Conservative MP Pierre Poilievre is another member of Bergen’s team who has been vocal with his support of the convoy. He blamed Trudeau for causing a political emergency. 'The solution is staring him in the face,' Poilievre said. 'All he has to do is listen to the experts, do what other countries are doing — and that is to eliminate these mandates and restrictions — to let the protesters including the truckers go back to their jobs and their lives'.... Conservatives’ and protesters’ demands to lift all Covid-19 mandates comes at a time where restrictions are easing across Canada, a country considered one of the most highly vaccinated in the world....

"'There will be time later to reflect on all the lessons that can be learned from this situation,' Trudeau told reporters Monday afternoon.... Under law, a public inquiry must be launched within 60 days of the expiration or revocation of the act investigating the circumstances that led up to its declaration. The inquiry also has a reporting obligation: It must produce a report to be tabled in Parliament within 360 days after the act has expired or revoked — making the issue one the Liberal government will have to revisit next year."

Read more: https://www.politico.com/news/2022/02/14/canada-emergency-measures-political-firestorm-00008896

Most NB food stores not banning Covid-unvaxxed

Raysonho, Sobeys, Richmond Hill, Ontatio, 2020. Public domain, Wikimedia Commons

N.B. COVID-19 roundup: Single-day high of 174 new cases, 2 more deaths | CBC News - Bobbi-Jean MacKinnon:

December 09, 2021 - "All major retailers in New Brunswick ... plan to enforce physical distancing instead of starting to require proof of COVID-19 vaccination, says Public Health. Under the new COVID-19 Winter Action Plan, physical distancing is required in public spaces where proof of vaccination is not required.... 

"[G]rocery stores, retail stores and salons must now enforce physical distancing between patrons, Health Minister Dorothy Shephard announced last Friday. 'Alternatively, they also have the option of requiring proof of vaccination from all patrons, but we will leave that decision up to individual businesses,' she said.... But 'at this time, all major retailers have indicated they will enforce physical distancing instead of requiring proof of vaccination,' Public Health said Wednesday.

"Sobeys will not be asking customers for proof of vaccination at its New Brunswick stores, confirmed spokesperson Paul Wyke. 'We have followed Public Health requirements and mandates every step of the way, and should the rules from provincial governments change we will always adjust,' he said in an emailed statement. 'The health and safety of our customers and store teammates continues to be our top priority and we have many health and safety measures in place to help keep our customers and teammates safe.'

"Retail businesses can ensure physical distancing of two metres is enforced through measures such as using directional arrows, reducing their capacity and preventing groups from congregating, Public Health said. They can further reduce contacts by offering delivery and curbside pickup options."

Read more: https://www.cbc.ca/news/canada/new-brunswick/covid-19-new-brunswick-stores-proof-of-vaccination-physical-distancing-1.6279253

Pandemic restrictions are due for a rethink, civil liberties group says | CBC News:

December 14, 2021 - "Cara Zwibel, ​director of the fundamental freedoms program with the Canadian Civil Liberties Association, said the suggestion that the unvaccinated won't have access to essentials such as food and medicine is worrisome. 'We've been concerned for a long time about premising access to public spaces on vaccination status and what the objective has been throughout,' Zwibel told Information Morning Moncton on Monday.... 'I don't know whether these changes are going to increase vaccination rates or just cause the people who are still hesitant … to dig in and be more resentful,' Zwibel said. 

"'I also wonder at what point people are not going to be willing to live under these conditions,' she said. 'We do still have a situation where governments are dictating how many people we can have in our homes. That's a big departure in a liberal democracy … and I think people may be starting to lose patience with that and really wonder how much longer we can do this.' Given that it seems clear that the virus isn't going away anytime soon, Zwibel said, people should be thinking about 'what we're willing to live with for the long haul'.... 'We have to give people the tools to protect themselves,' she said. 'And we do need to put more power in people's own hands to make decisions for themselves.'"

Read more: https://www.cbc.ca/news/canada/new-brunswick/pandemic-rules-civil-liberties-association-1.6284670

Justice centre demands NB grocery store reverse ban on unvaxxed customers | Western Standard:

December 16, 2021 - "The Justice Centre for Constitutional Freedoms is demanding a New Brunswick grocery outlet reverse its policy that bans unvaccinated people from shopping there. The JCCF sent the City of Fredericton a demand letter in relation to its vaccinated-only policy at the Fredericton Boyce Farmers Market. The New Brunswick government owns the landmark farmer’s market and leases it to the city at a nominal rate. The Canadian Charter of Rights and Freedoms applies because this is not private property, but property owned and managed by government, said the JCCF in a release.

"The farmer’s market announced that as of Dec. 11, 2021, 'proof of double vaccination (or medical exemption) will be required to shop indoors, for all visitors 12 and over.' The policy, which is the first of its kind in Canada that excludes citizens from purchasing grocery essentials on the basis of vaccination status, claims it relies on 'public health guidelines.' The JCCF already sent a demand letter to the Minister of Justice of New Brunswick warning the government’s new public health order of December 4 — allowing private businesses to deny services to vaccine-free Canadians — was unconstitutional....  

"'Our position remains the same in relation to any government denying or inviting private businesses to deny Canadians who have not taken the COVID vaccine to an essential service, such as the purchase of food. Any such act is an unconscionable violation of the Charter and has no scientific or legal justification,' said JCCF lawyer Andre Memauri. 'Vaccine-free citizens have a right to purchase food, including at markets and grocery stores, and the denial of such essential service is a reprehensible and unlawful act of cruelty and discrimination.'

"The three [Conservative] Members of Parliament representing New Brunswick, John Williamson, Rob Moore, and Richard Bragdon, released statements condemning the province’s winter action plan which gave retailers and grocery stores permission to refuse vaccine-free Canadians."

Read more: https://westernstandardonline.com/2021/12/justice-centre-demands-nb-grocery-store-reverse-ban-on-unvaxxed-customers/

Lockdown protests banned in Nova Scotia

Premier says he's not backing down on lockdown rules — even if they limit individual rights | CBC News - Chris Hall:

May 15, 2021 - "Nova Scotia's Premier Iain Rankin says he'll continue to use every legal means available to stop the spread of COVID-19 in the province — even if the effort ends up limiting individual rights. The province obtained a court injunction Friday to halt a protest against its lockdown measures — which include keeping the border closed to non-essential travel and people attempting to move to the province, along with hefty fines for anyone caught travelling outside the zone in which they live.

"'I'll do whatever I have to do that's within the confines of the law and the public health emergency that we have in place to keep Nova Scotians safe,' Rankin told CBC's The House in an interview airing Saturday. 'I recognize that people really value their freedom, freedom of expression. And I believe in all those things. But you can't take away the freedom for individuals to be able to live in a society where they're not fearful of contracting COVID.'

"The injunction prevents a group called Freedom Nova Scotia from staging a planned protest rally today. The court order also authorizes police to use reasonable force in arresting anyone who takes part in one of these protests....

"The Canadian Civil Liberties Association wrote the premier this week to say that closing the border to the rest of the country violates mobility rights guaranteed by the Charter of Rights and Freedoms. 'The Charter requires that when governments restrict rights, they do so in a manner that is minimally intrusive,' wrote association director Cara Faith Zwibel. 'In the current circumstance, self-isolation can be effectively paired with testing requirements to mitigate risk. Completely excluding Canadians from the province is neither necessary nor appropriate.'

"Rankin isn't backing down. He said it's clear that some people were ignoring the mandatory 14-day quarantine for visitors entering the province.... 

"As of Friday, the province had more than 1,530 active cases of COVID-19 and 21 patients in intensive care. Nova Scotia has one of the lowest vaccination rates among the provinces; only about 30 per cent of Nova Scotians have received their first doses. That pace has picked up in recent days and everyone in the province aged 35 and older is now eligible to be vaccinated."

Read more: https://www.cbc.ca/radio/thehouse/iain-rankin-pandemic-nova-scotia-covid-lockdown-1.6017785 

Canadian forfeiture programs get failing grades

B.C., Ontario civil-forfeiture programs get failing grades, report says - The Globe and Mail - Sunny Dhillon:

"Civil-forfeiture programs have trampled on the rights of Canadians, seized property from innocent people and are neither transparent nor accountable, a new report says....

"Marni Soupcoff, executive director of the Canadian Constitution Foundation, a Calgary-based non-profit that aims to protect constitutional freedoms, said its report shows innocent people have been hurt by the use of civil forfeiture.

"'The part that I don’t think people currently know is you could lose your property in a process that treats you more harshly than a criminal gets treated, even if you’re not suspected of having done anything wrong,' she said in an interview Monday.

"The 58-page report examines the rise of civil-forfeiture programs in Canada, starting with their inception in Ontario in the early 2000s and leading to today, when eight provinces have such offices.

"The report says the offices were originally intended to deter crime and compensate victims but 'rarely accomplish these stated goals.' It said revenue generated through successful forfeiture proceedings is instead more likely to be returned to the provincial government involved, or to law enforcement agencies.

"The report went on to say that because civil-forfeiture cases are tried in civil court, with a lower standard of proof than criminal court, the provinces can 'choose to initiate civil-forfeiture proceedings against individuals in circumstances where there is not enough evidence to merit criminal charges, let alone result in a conviction.'

"The Canadian Constitution Foundation also accused civil-forfeiture programs of a lack of transparency. It said none of the eight offices is required to release information on how much money has been collected and paid out. It said none of the offices has been reviewed by a provincial auditor-general and, when faced with criticism, the offices have sometimes tried to shield themselves by pointing to grants given to charities – a tactic referred to as a “charity wash.”

"The foundation made five recommendations in all, including calls for each office to report its finances annually. It also said civil forfeiture should only be used after a property owner has been convicted of a provincial offence.

"Micheal Vonn, policy director at the B.C. Civil Liberties Association, which has long raised concerns about the use of civil forfeiture in Canada, said the new report is 'most welcome.'

"'The most important thing that they really highlight, that I think is the part that virtually everyone in the public can understand, is that part of the danger of this is that there’s no accountability,' she said in an interview."

Read more: http://www.theglobeandmail.com/news/british-columbia/bc-ontario-civil-forfeiture-programs-get-a-failing-grade-report-says/article29067454/
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Bill-C-51 challenged in court

C-51 sees charter challenge from civil liberties, press freedom advocates - Politics - CBC News:

"New powers for Canada's spy agency are unconstitutional and represent an extraordinary reversal of the traditional role of the judiciary, two national groups say in a newly filed legal challenge of the Conservative government's omnibus security bill.

The Canadian Civil Liberties Association and Canadian Journalists for Free Expression are asking Ontario's Superior Court of Justice to hear their constitutional case against the federal anti-terrorism measures, commonly known as Bill C-51....

"The notice of application in the court challenge says the measures amount to 'an extraordinary inversion' of the time-honoured role of the courts and the principles of fundamental justice by asking the judiciary, and not Parliament, to authorize limits on charter rights 'as opposed to protecting such rights and preventing their violation.'

"The legal challenge objects to someone being added to the no-fly list 'on mere suspicion' he or she might commit an act that threatens an airplane.

"'Once placed on the no-fly list, it is very difficult for the individual to remove their name from the list,' the court filing says. 'There is no due process, no fundamental justice, and no natural justice under the scheme.'

"The application also says the concept of activity that 'undermines the security of Canada' is unconstitutionally vague and leaves a person in the dark as to whether information about — or related to them — has even been shared.'

"In addition, the provision outlawing promotion of terrorist offences has 'a chilling effect on freedom of expression and association' and encourages people to remain silent 'rather than risk the perils of prosecution,' the application charges."

Read more: http://www.cbc.ca/news/politics/c-51-sees-charter-challenge-from-civil-liberties-press-freedom-advocates-1.3161435
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Alan Borovoy, civil libertarian (1932-2015)

In memoriam: Alan Borovoy, 1932-2015 - NOW Toronto Magazine - Think Free - Bernie Farber:

"Alan Borovoy General Counsel Emeritus of the Canadian Civil Liberties Association (CCLA), probably Canada’s best-known defender of civil rights, a human rights driver in a career spanning more than 60 years fighting for the little guy, has died.

"Alan was a man of deep principle, stark honesty, razor wit and man with a whole lot of heart for the most vulnerable amongst us.... His fights were often lonely, though arguably he relished being the lone fighter for a cause he believed in. He took on popular concepts that were populated by unpopular people. He cherished freedom of speech as an absolute and in order to defend the concept against new hate laws he had to bear hateful anti-Semites and Holocaust deniers....

"Growing up as a young boy in the downtown core that was the home of many other Jews in the 1930s and 40s, Borovoy learned firsthand what it meant to be a minority. It led him into seeing the world for what it was and his goal was always to try and level the playing field.

It was while he was at the University of Toronto that political schisms most dominated the Canadian Jewish scene. A young Canadian Jewish activist community became fertile ground for an even younger and altruistic Borovoy. He saw how communism could become a destructive force and railed against it, but always with the view to achieve what he called 'a responsible anti-communism'....

"As editor of a Jewish university newspaper, Borovoy held strong to his conviction that free speech trumped everything. He advocated strongly in favour of a letter written by a Communist sympathizer. The establishment came down on him like a ton of bricks but he held strong.

"But perhaps his most controversial stand was as an opponent of Canada’s anti-hate laws. This put him on the outs with the leadership in the Jewish community which strongly supported it. When confronted about the evil of hatemongers, Borovoy’s favorite retort was that 'They should be left to wallow in the obscurity they so richly deserve'....

"And so it went throughout Alan Borovoy’s tumultuous career. Whether it was our nation’s struggle with national security or victimized minorities fight for decent housing; whether it was challenging the police complaints procedures or his battles with the Quebec government over the Oka crisis, Alan Borovoy was our moral barometer."

Read more: https://nowtoronto.com/news/in-memoriam/in-memoriam-alan-borovoy-1932-2015/
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Canadian Civil Liberties Assn. sues over government data collection

Privacy law focus of legal action | Halifax Chronicle Herald - Paul McLeod, Ottawa Bureau:

May 21, 2014 - "The Canadian Civil Liberties Association is going to court to argue Canada’s privacy laws are unconstitutional.

"The group maintains that the large-scale secret disclosure of customer data by telecoms violates Canadians’ rights to life, liberty and security.

"The legal challenge calls for the Ontario Superior Court to throw out several sections of Canada’s digital privacy law, the Personal Information and Protection of Electronic Documents Act [which]. 'allows government agencies access to personal information in the custody of private corporations on a massive scale,” the court application reads.

"'Personal information may be obtained without the knowledge or consent of the concerned individual and … in many cases the individual will not be advised that disclosure was made nor have any right to such disclosure'....

"New information has shown that these transactions happen thousands of times every day. Law enforcement requested data 1.2 million times from just nine companies in 2011.

"Documents tabled in Parliament showed that a warrant is not obtained in the large majority of cases."

Read more: http://thechronicleherald.ca/novascotia/1209103-privacy-law-focus-of-legal-action 
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