Madam Speaker, I will be sharing my time with the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix.
I taught political philosophy for 30 years. The democratic ideal is at the heart of my political involvement. That is why I am a sovereignist, because the political sovereignty of the people is the very foundation of the democratic ideal.
The debate that is coming to a close today is one of the most serious debates I have ever participated in in the House, because the Emergencies Act is the most powerful and coercive action that a nation governed by the rule of law can impose in a democracy.
Government by decree is the antithesis of the exercise of legislative power. Such decrees cannot be made based on feelings, frustration with what others are saying, or ideological differences—whether far left or far right—or simply to cover up incompetence on the pretext of a legal vacuum.
It is not with joy in my heart or without emotion that I rise today. I never would have thought that the 10-year-old-boy from a working-class neighbourhood of Montreal who was forced to walk by armoured tanks and soldiers armed with machine guns every morning for the duration of the October crisis, because his school was right next to the police headquarters on Parthenais Street, would end up in the House of Commons 52 years later debating the Emergencies Act.
I remember the fear and the intense climate of suspicion that gripped the neighbourhood every time there was a police operation or arrest, whether or not it made the news, involving people we considered to be perfectly ordinary, like us, with no criminal record and far from being terrorists, as we rightly thought.
Despite the emotion I am feeling by recalling this memory, I never would have failed in my duty to add my voice to that of my colleagues in this debate that started long before January 29, in the wake of a global health crisis that has affected our lives, everyone's quality of life, that has left thousands of families in mourning, that for two years now has challenged our sense of solidarity and mutual goodwill and that gives new meaning to the old adage, “One person's freedom ends where another's begins”.
This should lead us as parliamentarians to be more careful than ever not to set a precedent, but also to be as thorough as possible in order to maintain the increasingly fragile trust the public has in their democratic institutions.
The issue here is not the opinions or the interpretation that different people can have of democracy or freedom. As we saw in the streets for 23 days, and in many other countries of the world throughout history, people can say and do many things in the name of freedom and democracy. However, in a country governed by the rule of law and in a self-proclaimed free and democratic society, the legitimacy of the government's power in relation to its citizens must be guided by and measured against a fundamental question that must be answered to prevent abuse of power.
What are the limits to the government's power to intervene?
My questions arise only out of the desire to understand the necessity of invoking this act. I would point out that it is special legislation, which, let us not forget, was developed in 1988 to replace the War Measures Act so that the executive branch, meaning the government, any government, regardless of its political stripes, can never again claim the absolute power to trample rights and freedoms for political purposes, nor engage in abuse of power with impunity.
I recognize that it is not the same act. Much like Thomson and Thompson are not the same, these acts are not the same. With this act, however, the government has brought out the heavy artillery. In 1988, parliamentarians created some safeguards, and one of those safeguards was us, as members of Parliament. We have a duty to question the legitimacy of the Emergencies Act, which was invoked in response to a situation we all now know, when the government stood by for 21 days.
To all those who claim we are living in a dictatorship, I do want to point out that totalitarian and dictatorial regimes rarely hold the kinds of debates we have been having today. These types of debates are the essence of a parliamentary democracy, of a representative democracy, but we also have to live up to that responsibility and maintain credibility. Unfortunately, the sequence of events and the failure to implement the necessary measures in response to the siege of the federal capital do not justify these orders.
How did we wind up here? According to the Emergencies Act, the government had a responsibility to consult the provinces and report on those consultations to establish that there was a nationwide emergency. Seven out of 10 premiers opposed the use of the Emergencies Act in their provinces because they did not feel it was necessary. Two of the three other premiers said that they did not need this special legislation.
What national crisis are the Liberals talking about when they continue to claim that the Emergencies Act must absolutely be confirmed? We are hearing that it is useful, but it must be proven indispensable. Even the Quebec National Assembly saw fit to distance itself from the process and unanimously adopted a motion against the application of the law in Quebec. It reads:
That the National Assembly be concerned about the current disruptions in Ontario and around certain federal border crossings;
That it affirm that no emergency situation currently justifies the use of special legislative measures in Québec;
That it ask the Canadian government to not apply the federal Emergencies Act in Québec;
That, lastly, the National Assembly reiterate the importance of close collaboration between the federal government and the Québec government, in particular to ensure peace of mind and safety for citizens in the Outaouais region who are affected by the ongoing demonstrations in Ottawa and who could have to bear the brunt of any further deterioration of the situation.
The Government of Canada has ignored the requirement to demonstrate a national emergency. How can it claim a national emergency when seven premiers say they do not need this legislation? How can we draw any other conclusion besides that the usual laws were sufficient?
I can understand that the members sitting on the government side feel obliged to support their government's shaky logic and failure to provide the required proofs. However, I am of the opinion that there should be a free vote on such a fundamental issue.
This minority government did not do its homework, but because it has the support of the NDP, it does not matter if it fulfills the obligations set out in the act. As we speak, the siege in Ottawa has ended. The so-called national crisis that the government failed to demonstrate no longer exists. In the circumstances, I wonder if the NDP is aware that by voting with the government, it is an accomplice to setting a dangerous precedent by accepting such a low bar and that, one day, a majority government may use it to do something even worse.
The government failed to fulfill another requirement, that of demonstrating, in accordance with section 3 of the act, that any other law of Canada, the regular laws, cannot effectively deal with the emergency situation of this alleged national crisis. Not only did the government not prove this, but it did not even try. My colleagues from Joliette and Rivière-du-Nord eloquently and methodically explained that existing legislation was sufficient to resolve the situation and that seven out of 10 premiers were opposed to the invocation of the Emergencies Act in their provinces, because they had the situation under control. This clearly demonstrates that the conditions of section 3 were not met.
In conclusion, I invite members of all parties to vote according to the highest principles that should limit the exercise of the government's power to ensure its legitimacy and guarantee the rule of law. This will result in a parliamentary democracy where not only can the general will of the people be expressed, but also where different points of view can be heard, rather than being relegated to the streets.
