Debates of Feb. 19th, 2022

Emergencies Act

[Maninder Sidhu, Liberal, Parliamentary Secretary to the Minister of Foreign Affairs]

Madam Speaker, I would like to note that I will be sharing my time with the member for Lac-Saint-Louis.

I would like to start my remarks today by thanking you and the House administration staff for ensuring Parliament is able to function. I would also like to take a moment to thank all of the women and men in uniform for their service, working tirelessly to keep us safe and to restore law and order.

The last two years have been tough for everyone. Canadians stepped up to keep their loved ones safe by following public health guidelines. I would like to take a moment to thank everyone who has been there to protect the safety of our communities. I thank them for doing their part in fighting this pandemic. I would like to thank essential workers from across the country, who have worked hard to keep our communities safe.

I also want to speak about our hard-working truck drivers. The transportation industry has played a vital role over the past two years. When Canadians were advised by provincial mandates to stay home, truck drivers continued to work. They continued to work to provide medicine, food and supplies to keep our shelves stocked and keep our economy functioning.

Brampton is home to hundreds of trucking companies. The transportation sector is one of the largest employers in Brampton and contributes significantly to the Canadian supply chain. To all the truck drivers who have continued to work heroically throughout the pandemic, I thank them for their service to our country.

The workers represented by Unifor, Teamsters and the Canadian Trucking Alliance are doing their part in getting vaccinated and keeping the supply chain moving. They have clearly supported the need for truckers to get vaccinated and keep goods moving.

Over the last couple of weeks, I have also received many phone calls from truck drivers in my riding about the blockades. They were very clear. The individuals who have occupied Ottawa do not represent them, their opinions or the industry at large. The individuals in convoys who unlawfully block border crossings across our country are not representative of the hard-working truckers we know.

I would like to point out that there are individuals outside the chamber who brought trucks that do not belong to them. A constituent reached out to me the other day who is the owner of a trucking company. He called to tell me that they have a couple of trucks in Ottawa that drivers took on their own will for this occupation. They do not support what is happening outside and wanted to know how to get their trucks back. This should not be happening and is considered theft. I not only urge these truck drivers to return the trucks to their respective owners; I encourage those left outside to return home as well.

I support peaceful protest. It is part of our democratic right, and everyone has a right to exercise their freedom of speech. After all, we are the party of the Canadian Charter of Rights and Freedoms. Freedom of speech and democracy is what we are known for as Canadians, but when international trade into our country is being impacted at our borders, residents do not feel safe in their own communities and our businesses have to unwillingly shut down, it is no longer considered a peaceful protest.

The occupation on the streets of Ottawa is illegal. The occupations and blockades that popped up are a threat to our economy, supply chains and public safety. Residents of Centretown do not feel safe leaving their homes because they fear being harassed. Businesses are shut down because they fear for the safety of their employees. The individuals illegally blocking the streets in Ottawa talk about freedom for all, yet because of them, local residents are locked up in their homes. Small businesses who have already suffered enough over the course of the pandemic are closed. We must protect our critical infrastructure, like our border crossings across the country.

This has a consequential impact on truck drivers trying to do their jobs by crossing the borders, who are unable to come home. That is not freedom. I have heard stories first-hand from concerned families of truck drivers who had to wait up to six hours one way to cross the border while transporting goods from the United States. Because of the blockades, they have had to sacrifice their time with their families. It has affected their mental health and put over 8,000 autoworkers out of work, impacting thousands of families across the country during the border blockades.

I have heard from residents in Centretown who feel unsafe leaving their homes and are being harassed for wearing their masks. Their mental health has been impacted with the absurd amount of honking and noise they have had to endure. As a father, I cannot imagine what new parents and families with young children are having to deal with. Businesses like the mall and many local restaurants have had to temporarily close because of the illegal occupations.

The illegal blockades have been disrupting the lives of Canadians and have been a threat to our economy and relationship with trading partners. The financial impact caused at the Ambassador Bridge was $390 million per day; it was $48 million per day in Coutts and $73 million a day in Emerson, Manitoba. Let me emphasize this: That is the impact per day.

Canadians have been asking our government to take a stand against the illegal blockades and occupations and put an end to what is happening outside our institutions. We invoked the Emergencies Act to protect our communities and jobs, and to restore confidence in our institutions. It is also alarming that there is a significant number of foreign donations, and we need to be very cognizant of that. It is our responsibility to take this stand to protect our communities. As the Prime Minister said on Monday, when the Emergencies Act is invoked, the Canadian Charter of Rights and Freedoms continues to protect their individual rights.

As our government has said multiple times, the Emergencies Act measures are not being used to call in the military and will not curtail freedom of expression or the freedom of peaceful assembly. The Emergencies Act is being invoked because the blockades and occupations are a threat to our supply chains, to our economy and to our public safety. The Emergencies Act provides law enforcement with additional tools, prohibits blockades and keeps essential corridors open.

The RCMP and local police services have been provided with the additional resources they need to continue keeping our communities safe, and we have full faith in the important work they are doing. Since we invoked the Emergencies Act, most of our borders have now opened back up for critical trade. Now we must continue to work toward progress and ending the illegal blockades and occupations happening outside of the chamber.

We have been asking the convoy members to return to their homes for almost three weeks now. The police have been clear in their warnings to the protesters. They have been given the option to return home safely, yet they choose not to. We have confidence in the RCMP, OPP, Ottawa police and other local police services to restore law and order. These are not measures that are being taken lightly, and no one's democratic rights will be infringed.

We are doing what is necessary to keep Canadians safe, and the measures put in place by our government are working. These mobile convoys are a threat to our communities. They can show up anywhere and take over a city. We have witnessed it at our nation's capital and ports of entry across the country, and it is simply unacceptable. No one wants their livelihoods taken away from them, and as parliamentarians, we need to stand up for Canadians to stop these illegal occupations.

While some of the Conservative members opposite shake hands, give thumbs-up and high-fives, and pose for pictures with the leadership of the occupiers in Ottawa, let me remind members opposite that the convoy leadership, whom they meet with smiles, associates itself with far-right extremism that has been seen spreading hate and raising racist symbols and Confederate flags.

We will not tolerate that as a party or as a nation. We stand up against all forms of racism and hate, and we will always take a stand. These are not Canadian values and do not represent our country. Unlike some members in the Conservative Party, we are not promoting the leadership figures in the convoy and the activities occurring outside the chamber.

We have taken action to put an end to these illegal blockades. For once, I hope the members opposite stop, put the best interest of our country first and work with the government to protect and support our economy and public safety. We recognize the illegal blockades are a threat to our national security and will continue to do everything we can to keep Canadians safe.

We understand the pandemic has not been easy for anyone and the impact it has had on the lives of Canadians, but illegal blockades at the border, around the country and in Ottawa are not the answer. Businesses are suffering. Employees are suffering. Canadians are suffering. It is important that we continue following the science and working in the best interest of all Canadians.

The convoy members have made their point. It is now time for them to return home. I encourage the members opposite to step up and do the right thing by joining us and helping end this illegal occupation. I want to reassure those listening that charter rights are protected within this act, and that it is charter complaint.

I fully agree with the right to peacefully protest, like my colleagues in the House, but we all know this is no longer peaceful. In a democracy, we must stand against those who prevent others, with threats and assaults, from living freely in our country. There are sinister elements at work here, targeting our critical infrastructure at our borders, hurting our economy and hurting Canadians.

These sinister elements are financed by foreign money, and there must be consequences for those who engage in criminal behaviour. The increased measures in this act are allowing for greater financial scrutiny to enable our law enforcement agencies to effectively do their work and bring those responsible to account. Yes, we have made gains and progress, and we have seen our border crossings reopen, but as parliamentarians, we need to continue working to secure our progress and provide law enforcement the tools they require to end these illegal occupations and blockades.

One of the highest elected offices in Canada is that of a member of Parliament, and with this privilege comes great responsibility. I would like to read a statement from the House administration website before I conclude today:

Before a duly elected Member may take his or her seat and vote in the House of Commons, the Member must take an oath or make a solemn affirmation of allegiance or loyalty to the Sovereign and sign the Test Roll.

It continues:

When a Member swears or solemnly affirms allegiance to the Queen as Sovereign of Canada, he or she is also swearing or solemnly affirming allegiance to the institutions the Queen represents, including the concept of democracy. Thus, a Member is making a pledge to conduct him- or herself in the best interests of the country. The oath or solemn affirmation reminds a Member of the serious obligations and responsibilities he or she is assuming.

Now, before another member opposite gets the bright idea to go out there and shake hands, give high-fives and take pictures with those who affiliate with far-right extremist, racist ideologies, violent rhetoric and conspiracy theories, I remind members about the oath we all took to protect our democratic institution and serve in the best interest of our country.

[Marc Dalton, Conservative, Pitt Meadows—Maple Ridge, BC]

Madam Speaker, I am finding it a little hard to listen to this member and the Liberal Party talk about the safety of the population. I just looked at the Twitter account of the Prime Minister and there is nothing there about Houston, B.C., nothing about eco-terrorists attacking with axes and the millions of dollars in damages. I am hearing nothing about that. I am hearing only about this.

When I left the House after speaking on Thursday night, a police officer opened the gate for me toward the convoy and told me to be careful. I thought to myself that there was danger here, but guess what he said next? He told me that it was slippery.

I am not saying the protestors should be here, but I would like to know why the member is not talking about what is happening in the real world.

[Maninder Sidhu, Liberal, Brampton East, ON]

Madam Speaker, since the member mentioned the police and what they are asking us to do to remain safe, I want to quote Ottawa's Chief Bell, who said yesterday, “Without the authorities that have been provided to us through these pieces of legislation, we wouldn't be able to be doing the work we are today.”

These emergency measures have helped law enforcement authorities take away commercial licences of truck drivers, freeze bank accounts and cancel insurance, while compelling tow truck companies to help police remove vehicles.

Since we are talking about the wonderful work the police are doing, it is important to note that they are here to restore law and order on our streets across the country. It does not matter if that happens in Ottawa or somewhere in B.C. I know we can always count on law enforcement authorities, but we need to continue to give them the tools to do their jobs.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Madam Speaker, I am going to ask my colleague a question that I asked earlier and to which I did not get an answer.

One of the main measures in this order involves freezing the bank accounts of Quebec and Canadian truckers, and we hear that they would be frozen for a week. Could the member give me more information on that?

I imagine that some thought was given to this order. Is it for one week, yes or no?

[Maninder Sidhu, Liberal, Brampton East, ON]

Madam Speaker, in terms of the financial tools that we have given to police officers for tracking down funds from foreign interference, it is important to note that these tools were necessary so that we were able to make sure we protect our democratic institutions. They will help protect our citizens and Canada.

We in this chamber represent a democracy, and when we see sinister elements at work, we must do everything we can to ensure that we are able to protect our democratic institutions.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, what we have seen here is a complete, manifest failure of leadership at every level that put us in this situation. The fact is, something that should have been contained through ticketing and normal police activity was allowed to metastasize to such a level that it became an international embarrassment that happened at the Ambassador Bridge.

I ask my colleague this: Will the Liberals agree to our call for a full, complete, independent inquiry into every level of this crisis that has been allowed to happen, and then follow up as well to ensure that these tools that we need to use now will not be misused in future? Where is the oversight committee, so that we can make sure that these are limited tools to be used to get people safe again in the streets of Ottawa, without any further government abuse?

[Maninder Sidhu, Liberal, Brampton East, ON]

Madam Speaker, I believe in transparency and oversight. As our justice minister has said, these measures are temporary, to restore confidence in our institutions and to restore law and order. We know that the Emergencies Act will help restore law and order, and it is working. We can see what is happening outside our chamber. Law enforcement is moving in full effect.

I would note that they operate separate from our capacity as parliamentarians. We do not direct them, but we need to make sure we continue to give them the tools to effectively do their jobs. When I looked outside yesterday and saw Peel police in Ottawa, helping to restore confidence, it is because of the tools we gave in the Emergencies Act that police chief Bell has referred to. It is very important that we understand why the Emergencies Act was used and that it is extremely temporary, and that came right from the Minister of Justice.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, like my colleague who spoke before me, I would like to thank the members of the Parliamentary Protective Service and the peace officers who have come to Ottawa to deal with this unprecedented situation.

There has been a great deal of misinformation, misconception and misunderstanding around the pandemic and the public health measures that have been necessary, as well as about how these measures stack up against the guarantees in the Charter of Rights and Freedoms. I have received a great deal of mail, even prior to what we are experiencing today in downtown Ottawa, about mandates and how they violate charter rights.

It is incumbent upon all of us to tell our constituents, which is what I have been doing, that the mandates and public health restrictions that are now being loosened and eliminated did not violate charter rights. If they had violated charter rights, court cases would have been brought, judges would have made decisions and mandates would have been struck down. That is just a fact of our democracy.

As a matter of fact, in Newfoundland, at the very beginning of the pandemic, there was a very serious public health restriction that barred anyone from entering Newfoundland unless they had some kind of medical document. That case was brought to the court, and the court found that public health measure was not a violation of charter rights. It is very important, and it is incumbent on us, as elected members of Parliament, to reassure Canadians that their charter rights have not been violated. Yes, these measures have imposed constraints, but the constraints are not necessarily a violation of charter rights.

Some will say in response that they do not want to talk about the courts because they are part of the government, or they are stacked with liberal-minded judges. Once we get to the point where there is no agreement on the structure of our democracy, and how it operates and functions, then it is impossible to have constructive conversations. Every law that is tabled in the House is accompanied by a charter statement. While orders in council do not require a formal charter statement, they are vetted for charter consistency.

It is also important to remind Canadians that what we have been seeing in front of Parliament and at many border crossings across the country is not peaceful, lawful protest. We have to remind Canadians that these have been unlawful protests that have surpassed what can reasonably be considered legitimate protest based on constitutionally protected rights and freedoms.

The so-called “freedom convoy” has not been without negative consequence, especially for the people of Ottawa. Businesses have been closed in downtown Ottawa, and workers who need to feed their families have not been able to work for three weeks. Their income has been stopped. As well, Canadians suffered income interruptions because of the blockage of supply chains at the border. These people have felt the very real consequences of these illegal blockades.

I will go back to talk about the people of Ottawa, and will quote from an article that appeared recently in The Globe and Mail about the mental health impacts of the blockade here in Ottawa on the citizens of this city. It says, “Experts worry that the stress could have long-lasting effects on the health of residents who have also been navigating life during a pandemic.” Then the article goes on to quote Ivy Bourgeault, professor in the school of sociological and anthropological studies at the University of Ottawa, who stated, “I don’t think, as a resident, that one can look at one’s environment in the same way again. That when there are other protests, this will be a trigger.” She went on to say, “Uncertainty and no control just causes enormous amounts of stress, and that is in addition to the chronic stressors that people have been dealing with in relation to the pandemic.” I could go on.

I would also like to speak about the economic impacts. I mentioned these before, in a question to one of the hon. members who was speaking. The point I was trying to make was that if someone wanted to undermine the security of a nation, especially a trading nation that imports most of its products from a neighbouring nation such as the United States, they would block the points of entry. It would harm that nation. They would block the Ambassador Bridge. They would block crossings in Manitoba and Alberta. They would block 12 additional points of entry. Of course, they would also breach the confines of the CBSA plaza in Fort Erie, resulting in a lockdown of the office to prevent additional protesters from gaining entry. That is what someone would do if they wanted to undermine the security of this country.

I have watched the reaction from the official opposition, and I do not want to be partisan because this is not a partisan issue. I have watched the reasoning and messaging coming from the official opposition for a couple of weeks. The first notion that the official opposition tried to float was that if the Prime Minister would sit down and have a cup of coffee with anti-democratic organizers, then everyone would go home happy. I do not believe that a so-called law and order party really believes in that notion.

Then, the official opposition had been giving credence to the notion that the police are directed by the federal government. If the protest is still there, it is the fault of the federal government because it controls the forces of law and order. Many people believe that. Many people have written to me, asking why we cannot do anything about this. I remind them that in a constitutional democracy, governments, whether municipal, provincial or federal, do not direct the police.

When the government finally did something by invoking the Emergencies Act, the official opposition recoiled in shocked surprise. They asked how we could possibly think of doing that, after telling the government that it was not doing anything. There is plenty of contradiction in the messaging coming out of the other side, but I would like to leave that aside for a moment.

Another point that has been raised is that this could have been handled normally using normal laws, but we saw for three weeks that the Ottawa police were overwhelmed. They could not do anything, and we saw that. That is a historical record. For three weeks, the Ottawa police could not get this situation under control. That was not the federal police. That was not the provincial police. That was the Ottawa police.

What did the Emergencies Act allow? It allowed the Ottawa police to be supported by police forces from, I think, seven other municipalities. What did the Emergencies Act allow? It meant that these police officers could join and help the Ottawa police in clearing out this blockade that is in front of the Parliament buildings, and they did not have to deputize each individual officer in some kind of bureaucratic process—

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Order. The hon. members know full well that they will have an opportunity to ask questions and give comments, and I would ask them to hold their thoughts until then. They may want to jot them down as opposed to yelling them out.

The hon. member for Lac-Saint-Louis has a minute and 30 seconds remaining.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, I think it is also incumbent upon us to tell our citizens what the Emergencies Act does and what it does not do. First of all, it is not the War Measures Act. I know that some members have tried to make a subtle link to that. Some have been less subtle, but it is not the War Measures Act. Second, the Emergencies Act does not suspend charter rights. Here we go back to charter rights. It is important that we tell citizens that the act is not suspending charter rights.

Third, the act does not give the federal government control of local police. Fourth, it does not take away the right of lawful protest. What does it do? It gives FINTRAC the ability to stop the flow of financial support, much of it coming from other countries, south of the border more specifically. That is an important power. FINTRAC still has to respect the Charter of Rights and Freedoms, because the Emergencies Act does not suspend the charter.

I will stop there and add some points through the answers I will give.

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Madam Speaker, I certainly appreciate the member for his work on the environment committee as chair, but on this matter, he has said repetitively that the Emergencies Act is necessary so that there would not be a bureaucratic process for other law enforcement to come to the aid of the Ottawa Police Service.

I am from British Columbia, and policing is actually a provincial responsibility. Peace officers are often called to support other areas when there is a policing issue. For example, B.C. LNG in November had 800 people protesting. That was all resolved utilizing existing provincial measures.

This member has also talked about the Charter of Rights, and how important it is in regard to COVID. However, what he has not talked about at all are the civil liberties of every Canadian. There are restrictions that have been placed on people who want to assemble and who want to be able to donate to whomever they like, right across this country.

He may not like what they are talking about, but would the member at least call upon the government to show that a proper review has been done on this emergency order so that charter rights are not being infringed upon unjustly?

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, I would also like to say that I enjoy sitting on the environment committee with my hon. colleague, who is always well prepared for the meetings and holds the government to account.

The act also allows the police in Ottawa to create a no-go zone: to prevent people from across the country from converging on Ottawa on weekends to cause more disruption. This has been attributed as one of the reasons why this operation has been successful.

I must say that the charter still applies, and section 58 of the Emergencies Act required the government to give an explanation for why it was invoking the act. I would suggest that the member read that explanation.

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Madam Speaker, my colleague said that we need the Emergencies Act to secure the joint participation of police forces. That is completely false. That sort of thing is commonly done under ordinary laws. The same is true for criminal financial activity, which can be dealt with under existing laws. In fact, when we look at everything that is invoked in the orders, there is not a single measure that is not already enshrined in existing acts and regulations.

Why bring out the atomic bomb of the Emergencies Act when everything that is invoked in the orders is already written into ordinary laws? It makes no sense.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, I think it is very likely that when we review the events and the existing legislation, there will be some fine‑tuning to be done in terms of the government's ability to follow the tracks created by new technologies that allow money to be sent anonymously to support illegal activities. This will be looked at when the situation is reviewed after the act is withdrawn.

That said, it is very clear that the Ottawa police could not, until now, resolve the situation.

[Brian Masse, NDP, Windsor West, ON]

Madam Speaker, the Bloc and the Conservatives keep saying that things are fine at the Ambassador Bridge, but I can walk two kilometres that way right now and tell the House that the Jersey barriers that were on Huron Church Road now are separating city streets and residents from themselves. On top of that, a convoy was just turned back again the other day, and it is estimated that more convoys might come back. Anybody can drive down here with three or four vehicles, get out of their cars and park, and basically delay $400-million worth of goods and services per day.

I would like to ask the hon. member if city of Windsor residents and the people here deserve the proper supports from the federal government? We are protecting 14 kilometres of road to the highway, and at any point in time these are vulnerable. My residents are cut in half right now, including people in one of the poorest neighbourhoods in Canada.

Does he believe we could get support from the municipality? Right now, local residents are paying for this. It is not fair, and the threat and the danger are not gone.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, the situation at the Ambassador Bridge was a motivating factor in the government's decision. The act allows police forces to create larger no-go zones. If there is a threat to a border crossing such as the Ambassador Bridge, it would hopefully help to keep the bridge open.

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Madam Speaker, I would like to begin by commending the work of the various police forces. So far, the clearing of the protest has been carried out in a calm and orderly manner, under the circumstances. I hope to see that continue.

I would also like to thank the House of Commons staff and security service, whose outstanding efforts have made it possible for us to sit today under these exceptional circumstances.

This is an extremely serious debate. The Emergencies Act is the nuclear option of legislative tools. It is the last resort. Governing by decree is not right. The decision of whether or not to authorize the use of this legislation lies with all of us as members of Parliament.

What we decide will go down in history. We have the power to stop it or to give the government carte blanche. The decision falls squarely on our shoulders. I urge all parliamentarians across party lines to rise to the occasion in a way that reflects the gravity of the situation.

The Emergencies Act is special legislation that should be invoked only when it is absolutely necessary. It is invoked after concluding that ordinary legislation is inadequate to deal with an urgent and dangerous situation. I really want to emphasize again that invoking this act is the nuclear option and must not be taken lightly.

Some have argued that the act was necessary to send a message to the occupiers of Ottawa. There is no need to go nuclear to send a message.

The motion before us is not just about accepting the proclamation of emergency measures. It asks us to accept three orders that contain a series of measures. Our duty, as parliamentarians, is to study these measures and ask ourselves whether each of them is truly necessary and whether there is no other way to solve the problem. If we conclude that any of them is not really critical, then we must reject the motion.

The government could present a more suitable order if it thinks it is necessary. In that case, we will see. I am a Quebecker and a separatist. My colleagues will have no trouble understanding why the declaration of emergency measures feels like a punch to the gut to me.

Some have argued that the current Emergencies Act is completely different from the infamous War Measures Act that was used to intimidate Quebeckers and tyrannize the separatists in 1970. That is true, and for good reason.

To understand the purpose of the act, let us go back nearly 34 years to when it was passed. The act was passed in 1988, after being introduced in 1987. What happened in 1987? It was another time, but it helps us understand the intention of Parliament at the time.

Brian Mulroney was in power. He was the leader of the Progressive Conservative Party, which no longer exists. He was elected on a platform of reconciliation with Quebec, which is something that Canada no longer talks about.

In 1987, one of his reconciliation measures included signing the Meech Lake accord. He wanted to remedy a travesty committed in 1982, when English Canada amended the Constitution and reduced the National Assembly of Quebec's powers. This was done without us and against our will. The rest is history. The Meech Lake Constitutional Accord failed, as did the Charlottetown accord that followed, and there still has not been any reconciliation.

That same year, the Mulroney government introduced the act we are discussing today. It wanted to repeal the War Measures Act, a piece of legislation that had traumatized Quebec 17 years earlier. The Mulroney government was attempting to remedy the travesty of 1970 the same year it was trying to make up for the travesty of 1982. That is why the Emergencies Act is different from the War Measures Act.

This time, no police officers or soldiers will show up in middle of the night without a warrant and arrest innocent people whose only crime was having a different opinion. That will not happen this time around. Fundamental rights have not been abolished. There are safeguards now that did not exist under the accursed War Measures Act.

In the past, the government could invoke the act at will. Now, there are safeguards. We are one of those safeguards, but safeguards are only helpful if they are used. I urge everyone to make use of these safeguards today.

The first safeguard involves consulting the provinces. The act requires that the government consult the provinces and report back to Parliament. When this act was passed as part of the reconciliation with Quebec, no one ever thought that it would be imposed on us, because our consent was needed.

There was a requirement to consult. The government gave us a summary of its consultations, as required by law. It informed us that seven of the 10 provinces were opposed to the invocation of the Emergencies Act. Two of the three that agreed that the government had to invoke the act because of the problems in the city of Ottawa said that they did not need the act enforced in their provinces.

However, the government chose to impose this act from coast to coast to coast. The government is imposing this act on Quebec, which said no. The Government of Quebec said no. Members from all parties in the Quebec National Assembly, which speaks on behalf of the people of Quebec, unanimously said no. This unanimous decision from the Quebec National Assembly is nowhere to be found in the three orders that the government is asking us to approve. Consultations are meaningless to this government.

We understood that this act would never be imposed on us without our consent, but that is what is happening here. Reconciliation with Quebec, which, I will remind the House, was one of the cornerstones of getting the Emergencies Act passed, is being thrown out the window. The first safeguard to prevent government by decree failed. The government overrode it. The second safeguard is us parliamentarians.

The government is bound by the act to inform us that the provinces are opposed and that Quebec is opposed, so that we take it into consideration. The orders being imposed on us do not take it into consideration, however. The act applies to the country as a whole, regardless of whether or not there are problems, or whether or not Quebec is opposed. This is contrary to the spirit of reconciliation with Quebec that led to the passage of the act. Reconciliation with Quebec, respect for Quebec—that rings hollow now.

Let us get back to the act. Generally, two conditions must be met for the government to have the right to invoke it and for Parliament to be justified in approving it. First, there must be a dangerous and urgent situation. Second, it must be impossible to deal with the situation under existing laws, making it essential to move to governing by decree.

The Emergencies Act requires the government to justify its decision to invoke the act and to lay before Parliament “an explanation of the reasons for issuing the declaration”. On Wednesday evening, the government sent us a document entitled “Explanation pursuant to subsection 58(1) of the Emergencies Act”. In this explanatory document, the government cites five reasons to justify its decision to invoke the act.

(i) The occupiers threaten to use violence for the purpose of achieving a political or ideological objective.

(ii) The blockades, in particular blockades of critical infrastructure, threaten Canada's economic security.

(iii) The blockades, in particular those at the border, are detrimental to Canada-U.S. relations.

(iv) The blockades threaten the supply of essential goods to Canadians.

(v) There is potential for an increase in the level of violence.

It is conceivable that the five reasons cited by the government may or may not be real. That is a matter for debate. Given that the Emergencies Act is the nuclear option, however, it sets the bar higher than that. Even if these five reasons were well founded, the fact remains that this is not enough. The government needs to meet one more criterion in order to proceed. Section 3 of the act states that it is not enough for there to be a crisis. The crisis must also be “of such proportions or nature as to exceed the capacity or authority of a province to deal with it” and one that “cannot be effectively dealt with under any other law of Canada”.

In other words, before it can invoke the Emergencies Act, the government must demonstrate that the crisis cannot be dealt with under ordinary laws and that it is absolutely necessary to resort to special legislation and government by decree. However, the government did not demonstrate this in the statement of reasons it gave to parliamentarians. Worse, it did not even attempt to do so, even though this is required under the act. It has remained completely silent on this.

By the way, I will ask again, what laws are currently insufficient?

The order states that it is prohibited to bring a child to an illegal protest. However, provincial child protection laws already prohibit exposing a child to a dangerous situation. That is already the case in both Quebec and Ontario. The Children's Aid Society, the Ontario equivalent of Quebec's Direction de la protection de la jeunesse, was already involved because Ottawa police had referred cases to it.

Exactly how are the regular laws are not effectively dealing with the situation?

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Order. I must interrupt the member.

It seems that there was an interpretation issue, but it has now been fixed.

The hon. member for Joliette may continue his speech.

[Gabriel Ste-Marie, Bloc, Joliette, QC]

As I was saying, as far as child welfare is concerned, the file is already open.

In what way are Canada's laws inadequate for coping with this situation? Why does the government consider the Emergencies Act to be necessary? We do not know—no one knows—because the government is not saying.

The order provides for the possibility of having financial institutions freeze the accounts of those who participate in illegal demonstrations. However, the Criminal Code already prohibits the funding of illegal activities. This is already the case. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act already authorizes financial institutions to freeze the proceeds of criminal activities or funds used to finance such activities. This is already the case under Canada's existing laws. There is no legislative void.

In what way do these laws not allow us to deal with the current situation? Why does the government consider the Emergencies Act to be necessary? We do not know, no one knows, because the government is not saying.

In fact, not only has the government never said why this power was indispensable, it has also never said in what way it could be useful.

Last week, the government gave us a briefing on enforcing the act. What it told us about freezing bank accounts was disturbing. An assistant deputy minister from the Department of Finance explained how it would work. What the government told us was that it would be up to the financial institutions to freeze the accounts of those involved in the occupation in Ottawa. In other words, it would be up to the financial institutions to guess which of their members or customers are taking part in these illegal protests and then guess when they have left the protest so that their accounts can be reactivated. The government does not see itself as having any particular responsibility for this and says that it is the banks' responsibility. What a joke.

Banks are not the police. They cannot know who is blocking the streets of Ottawa. The government is washing his hands of this situation. It is utter nonsense.

Under the Emergencies Act, the government is required explain why it cannot end the occupation in Ottawa using existing laws. Not only has it failed to do so, but it has also not even told us how the act would help here.

I will give another example. Pursuant to the executive order, the measures against financing criminal activity extend to crowdfunding platforms. Now, that is a good idea. In fact, it is such a good idea that it is already possible to take such action under existing laws.

Crowdfunding platforms are already governed by the provinces. We have laws already, and they work. For example, on February 10, the Ontario Superior Court granted an injunction sought by the province to freeze funds raised by the “Freedom Convoy 2022” and “Adopt a Trucker” campaigns on the GiveSendGo crowdfunding platform. That happened under ordinary laws without the Emergencies Act and without the government's order.

In what way do existing laws not allow for adequate management of the situation? Why does the government think the Emergencies Act is necessary? We do not know, we do not see and we do not understand.

Here is another example. The order authorizes insurers to suspend the occupiers' insurance. How are the truckers going to be able to leave if they are no longer insured? If the truckers' liability insurance is suspended and an accident happens, the victims will not receive compensation for damages. How is it necessary or useful to take that away from victims?

The government had a legal obligation to show that each of the emergency powers it was giving itself was absolutely necessary to resolve the crisis. In the case of suspending insurance, not only did the government not seek to demonstrate the absolute necessity of this measure, but it did not seek to demonstrate how it was useful.

The order sets out a series of grounds for declaring a protest to be illegal, including the paralysis of critical infrastructure, significant obstruction of traffic, and so on. All of these grounds are included in one or more of the ordinary laws that are currently in force, whether it is the Criminal Code, highway traffic acts, or municipal bylaws.

Law enforcement had all the legal tools to deal with the various border blockades. We saw that in Windsor and Coutts. There is no legal vacuum that needs to be filled by proclaiming emergency measures, as the government itself admits. It was not the absence of legislation that brought Ottawa to a standstill. In the government's statement of reasons, it does not even try to argue that there was a legal vacuum to be filled by the special legislation. That is just pathetic.

The Emergencies Act is designed to make up for the inadequacy of existing legislation. It is not designed to make up for the government's lack of leadership.

I could have understood the government needing emergency powers to requisition tow trucks and move the trucks currently being used as barricades in Ottawa. Even though the government did not make that argument, I could have understood it. A one-section order to address this shortfall in a very limited area might have been acceptable.

The orders before us are not just about requisitioning tow trucks in Ottawa.

These orders amount to a carte blanche. They cover a series of actions without any apparent justification, and they apply throughout Canada, including Quebec, where there is no state of emergency.

These extremely broad orders are what the House is being asked to approve.

In all conscience, I refuse to do so. The Bloc Québécois refuses to do so.

The Quebec National Assembly has unanimously called on the House of Commons to refuse to do this. The criteria for invoking the act have not been met. The government knows full well that the current laws are enough; otherwise, it would have told us so.

The Emergencies Act does not address a need. All it does is save face for the Prime Minister, who let the situation get out of hand from the very beginning and wants to show that he is doing something. However, as I said, you do not drop an atomic bomb in order to send a message. Quebec does not want the emergency measures to apply in its territory.

The government held consultations and was told no. It should have taken that for an answer, but it did not. Will parliamentarians do their part by hitting the brakes? Will they stand up against government by decree, or will they instead listen to the Liberal Party?

We know that the Liberals will listen to what the government tells them. Once a lapdog, always a lapdog.

Now I will turn to the NDP.

In 1970, Tommy Douglas said that invoking the War Measures Act was like using a sledgehammer to crack a peanut. The law changed in 1988, but the situation remains the same.

Proclaiming the Emergencies Act and imposing it on Quebec, where there is no state of emergency, is today's equivalent of using a sledgehammer to crack a peanut.

Of course, the Emergencies Act is different from the infamous War Measures Act. It contains safeguards, brakes on the authoritarianism of government by decree, but the key brake is us parliamentarians. We have a heavy burden on our shoulders.

Once a lapdog, always a lapdog. When it comes time to vote, we will see if the NDP should be called the New Liberal Party or remain the New Democratic Party. The NDP essentially has the burden of choosing between a democratic government and a government by decree.

I am standing up and saying no to these three outrageous orders out of respect and love for my people.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, the Emergencies Act has already demonstrated that it can be effective. Law enforcement officers are, in fact, using it and it is being effective. We are very much concerned about the blockades shutting down downtown Ottawa and the blockades that have affected hundreds of millions of dollars in international trade on our trade corridors, and about the impact they are having today and will have into the future. These are very serious. We are talking about jobs and we are talking about health conditions. There are so many reasons to do this.

Does the member believe that law enforcement officers are wrong today for using the tool we are providing them? Are our law enforcement officers offside with Parliament?

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Madam Speaker, from day one the Bloc Québécois has been calling on the government to act, to roll up its sleeves and to prevent the situation from deteriorating.

The government allowed the situation to deteriorate and now, instead of moving in a measured way and using existing laws, it is using the nuclear option, the Emergencies Act, which is unnecessary.

Did the parliamentary secretary listen to my speech? Not a single measure that was invoked is necessary. The police forces were already able to work together. They did not need emergency legislation for that. It is nonsense.

The government and the Prime Minister are trying to save face because they have been asleep at the switch for three weeks. The government should be ashamed.

[Mike Lake, Conservative, Edmonton—Wetaskiwin, AB]

Madam Speaker, the Liberals seem almost giddy today when talking about the effectiveness of what is going on out there. There was never any question that it was going to be effective. The question is whether it is justified. That is the question.

I listened to the hon. member's speech and I appreciated his tone and what he had to say. If we are using the Emergencies Act today for this, in what other situations would this precedent allow the Emergencies Act to be justified if it is justified for this?

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Madam Speaker, I thank my colleague for his speech. I completely agree with him.

Everyone is saying that something needs to be done. This situation is a problem, but nothing justifies the nuclear option. The government was obliged to prove that there was no other option before it invoked the act.

The government did not even try to prove this in the official documents it sent us, nor did it review the existing legislation. We did that, and we did not find any measures that were lacking in the existing legislation and that would justify the use of this act, other than the potential need to requisition tow trucks.

The Liberal Party is making a questionable connection between the situation that needs to be resolved and the legislative atomic bomb it is dropping.

[Lori Idlout, NDP, Nunavut, NU]

Qujannamiik, Uqaqtittiji. We know how quickly extremist behaviour and ideologies can spread. With the sheer volume of this demonstration, I am genuinely concerned that racism will grow, entrench and allow widespread violence to ensue. This extremism is dangerous and must be dealt with urgently.

I am not sure if the member heard the news last night, but the interim Ottawa police chief, Steve Bell, said, “Without the authorities provided to us through these pieces of legislation, we wouldn't be able to be doing the work we are today.”

Does the member agree that extremist ideologies from other countries must be stopped and that Canadians must return to their Canadian roots of kindness to their neighbours?