- by Michael Craig
What are we to make of the imposition of the Emergencies Act last February to clear Ottawa streets of ‘Freedom Convoy’ trucks? And the Ford government’s passage last week of Bill 28 to deny CUPE workers the right to strike, using the notwithstanding clause to shield the legislation from the Charter of Rights and Freedoms?
What these two events have in common is the use of draconian government powers to impose their will on citizens. In short, government overreach that tramples human rights and undermines democracy.
The ongoing commission of inquiry into the imposition of the Emergencies Act has heard from dozens of witnesses who by and large appear convinced that the police had sufficient power and manpower to clear vehicles blocking streets in Ottawa and the Ambassador Bridge in Windsor. In fact, the OPP shut down the protest at the bridge two days before the Act was invoked.
As police and political leaders troop to the microphones, the legal case for invoking the Act is increasingly revealed to be shaky. I bet the Commissioner will make this point emphatically when he writes the report.
However, I am far more sympathetic to the Trudeau government’s case when I consider the psychological and political justifications for imposing the Act. The fact is that protesters, with their horns and hot tubs and bouncy castles, and their contempt for Parliament and the beleaguered citizens of downtown Ottawa, were out of control. Like rebellious teenagers who scream “I want what I want when I want it,” they needed to be taught a lesson.
We must keep in mind that, while their right to peaceful protest is undeniable, their facts and logic are assailable. The conspiracy theories about the dangers of Covid vaccines and futility of mask mandates are not supported by scientific evidence; and their rejection of expert opinion, as reported by honest professional journalists, is downright dangerous. It is leading our nation and others down a garden path where rationality and truth are replaced by wild claims from the internet and the brute force of bullies. This is truly a danger to our democracy because, in the minds of the protesters, many institutions that are the fabric of our country – government and the law, universities, scientists and health care researchers, and the mainstream media – are distrusted and disbelieved. Nonsense, it sometimes seems, is taking over.
So, our federal leaders may not have interpreted the law correctly when they imposed the Emergencies Act, but they legitimately challenged the protesters and sent a psychological message that they would not be allowed to mess with the will of a majority of Canadians who did and do not share their extremist views. They put the meddlesome children in their place!
The case against Bill 28 is far more straightforward. The government removed the union’s bargaining rights and outlawed the right to strike, which the Supreme Court had confirmed in 2015. It imposed a “contract”, forcing the workers back on the job. We all know what happened next: fury at the illegitimate use of the notwithstanding clause, plus widespread sympathy for the poorly paid CUPE education workers, galvanized the whole labour movement and, even more importantly, Canadian public opinion. Doug Ford backed down. He agreed in writing to repeal the bill and recommenced negotiations. Regardless of the outcome, the rights to bargain and strike are preserved – and the Charter is upheld.
We should ask ourselves whether these two instances of rights being abrogated are part of a trend. Are they reflective of the populist inclination to ignore or denigrate unruly critics. We should respect our governments and leaders, but at the same time be wary. Let us learn the lesson: Labour rights, like all human rights, must never be taken for granted. The powers that be frequently espouse rights, but only until they challenge the status quo. Then watch out!
