Trying times for Canada

By Leela Sharon Aheer Chestermere-Strathmore MLA

Hello Chestermere Strathmore readers, I would like to discuss Motion 10: Be it resolved that the Legislative Assembly (a) condemn the unnecessary invocation of the Emergencies Act by the Government of Canada as the Assembly is of the view that this is a measure which infringes upon the constitutionally guaranteed rights of Albertans and all Canadians, including the right to due process and natural justice; (b) is of the view that the Government of Canada has failed to demonstrate that the present circumstances meet the threshold that the law requires to invoke the Emergencies Act, and that as demonstrated in Alberta, governments and law enforcement agencies already have adequate authority and resources to end illegal blockades and restore order; and (c) is further of the view that this invocation of the Emergencies Act constitutes an unnecessary intrusion into provincial jurisdiction under the Constitution of Canada.

MLA Aheer’s member speech regarding Motion 10

Mr. Speaker, we have heard it before and we will hear it again, the last few years have been some of the most trying times our nation and our province has experienced. Instead of commending Canadians (Albertans) for their strength and resilient spirit, our nation’s leader took a different direction. A direction that undermined the feelings and values of our own citizens, a direction that offends the trials that every citizen of this nation has experienced, a direction that attacked the democratic rights of our people after so many freedoms and rights have already been restricted. 

When you, as a leader of a nation, at a time when your nation is hurting, you have the amazing opportunity to unite us, listen to regular everyday folks and hear their pain as they assemble at their house in Ottawa. Instead of hearing the good and honest folks, not the ones that are there to undermine the messages, but the real everyday Canadians who need to know the leader of their country cares enough to have a conversation with them, used this as an opportunity to exploit powers that could be used in limiting rights on housing, finances and faith. It is completely undemocratic.

Despite the revocation of the act, the Prime Minister still unjustly exercised grave measures of power unto the citizens of this nation. 

The emergencies act should only be used in circumstances that as Tristan Hopper stated in his article, “seriously endangers the lives, health or safety of Canadians” or at times that compromise the government’s abilities to “preserve the sovereignty, security and territorial integrity of Canada.” The act also comes with a pretty major caveat that it can only be invoked in circumstances that cannot be addressed by “any other law of Canada.”

Nothing that the federal government proposed in order to open up critical infrastructure required this emergencies act.  Protests are meant to bring attention; they are a plea from citizens who have feelings of being marginalized and who have had freedoms restricted. Despite the attention and disruption, these protests did not warrant such extreme enforcement of authority. They do not threaten the lives of Canadians, they do not threaten the well-being of Canadians, they do not harm the nation. 

I do not support, nor will I ever support illegal blockades, shaming, censorship or bullying.  I will never support voices that invoke racism, bigotry, or discrimination.

The question that fundamentally needs to be asked is why specifically did we need the Emergencies Act?

Let’s visit the facts. Blocking critical infrastructure violates the criminal code and both the provincial and municipal governments can use any number of tools through the RCMP from impounding vehicles to arrests. Police can already freeze bank accounts under the Proceeds of Crime and Terrorist Financing Act if the blockade continued. You can even call in the military without the Emergencies Act. The National Defense Act allows the army to be called out to deal with any “disturbance of the peace” that overwhelms normal police resources. Both federal and provincial governments can also scramble in Mounties as reinforcements.

The federal government did not respect democratic safeguard. The federal government did not properly consult with provinces and territories. The federal government invoked this act callously and with such quickness. The federal government invoked this controlling law on citizens and encroached into provincial jurisdiction unnecessarily. Provinces and territories have government agencies, law enforcement agencies, and committed groups to handle such situations and did not express the need for this extreme overreach of power by the federal government. 

Invoking the Emergencies Act was an attack on the civil liberties of Canadians. The Prime Minister and his party never had legal justification to invoke such an act. Instead, this was an authoritative power move unto people who did not agree with his policies. Canada is a democratic nation, a peaceful nation, a nation for all to express themselves and coexist. Invoking the Emergencies Act only further divided the nation. The Federal House of Commons voted 185-151, surely this is too close a vote to attest to the justification of invoking such an Act. With a difference of only 34 votes from our nation’s leaders, the extreme divisiveness and the lack of democratic spirit within our federal government is highlighted.

This has been a leadership issue and an issue of pushing division and anger over understanding and working together.

The federal government said that they would not keep the Act in place longer than necessary. However, they did invoke it longer than necessary as it should have never been considered nor resorted to. 

The work of government has not stopped. We have held committee meetings, been with our constituents as we listened to their valuable and needed input. We heard from kids who were being turned away from activities because of their choices regarding vaccination and negative tests were not good enough to participate. The struggle is real folks and as we all reflect on how we get back to normal – whatever that is, the real question again is how do we heal? Healing will only happen if our leadership leads by example and is there for those who need him in crisis. That is true leadership. Being willing to listen and respond. To be able to take in information and participate with your fellow Canadians whether or not you agree with them. You don’t run away from difficult conversations, you don’t allow the bullies, the keyboard cowboys, or the trolls to rule your behavior. I am as frustrated as anyone about the racial comments, the flying of swastikas, defacing statues and other inappropriate and frankly concerning behavior. Those instances are deplorable but did not require the emergencies act. There is no judicial over site in the sections under this act. We cannot become a nation where we use emergency acts as a normal part of our privilege. 

I would like to quote from the National Post as quoted by Tristan  Hopper

“One Freedom Convoy blockade is now gone and it notably occurred without any Emergencies Act assistance.” After RCMP arrested 13 people and seized a cache of firearms, traffic is now flowing freely at the Coutts, Alta. border crossing for the first time in two weeks. In a strange development for a police operation that saw the seizure of a large arsenal of high-powered firearms, the Coutts blockade ultimately ended with hugs between police and blockaders and the joint singing of “O Canada.” (Tristian Hopper, February 16, 2022)

With the revocation of this Act, justice prevailed and injustice was put to rest. Although this does not change the fact the leader of our nation saw this erroneous overreach of power as necessary when it was never necessary nor justified. 

This unwarranted and overreaching invocation of the Emergencies Act by the federal government, undermined the constitutional rights of citizens. We have endured some of the hardest years globally and it will take all of us to make sure that Canada remains a leader in democracy and peace. 

I would like to take a moment to recognize the importance of lifting our voices together to proclaim solidarity with those who face oppression and those who are calling for peace.

#peaceforukraine #standwithukraine

As always, we love to hear from you.

(Leela Sharon Aheer is the MLA Elect for Chestermere-Strathmore)