Mr. Justice Mosley,s task was to see whether the invocation of the EA in February 2022 complied with the requirements of the Act, and also whether the invocation infringed any Charter rights and, if so, whether the infringement was justified under section 1. This he did.
The root problem is that the current wording of the EA is inadequate to cover the situation in February 2022. That is what Mr. Mosley found. He thinks that the EA should be rewritten by Parliament. But he cannot rewrite it himself. He is bound by what it says currently. And he found that the Feb 22 situation did not satisfy the requirements in the EA. I agree with him, for the reasons he gives.
The underlying question is whether we will be governed by the rule of law. If a statute is inadequate, or badly drafted, the solution is not for the politicians and citizenry to ignore the law. Rather, it is for Parliament to change the law. The ball is now in their court. Even if this decision is reversed on appeal, and remember that there are two levels of appeal -- to the Federal Court of Appel and then to the Supreme Court -- the law still should be changed.
All that said, I wish that both the CPC and the Liberals, having had their say, would now shut up about this. We need to heal as a society, not keep poking at old wounds and divisions. Surely there are more important issues facing us, such as housing and the economy.
While I agree with much of what you’ve said Evan, I am struggling with your Leadership is the answer solution! I keep asking myself, “what would that kind of leadership look like? What would I do as a leader in that situation?” What comes up for me, is this is bigger than one man. I would argue that it is on each one of us! We live in a very entitled society. As a boomer, I have frequently said that I am part of the luckiest generation that ever walked this planet. That is not to,say we did not struggle, we did not have to work hard, we did not have to face challenges. But compare my challenges to those faced by past generations, they do not compare. The generations that followed mine, came to expect the same or better, and it isn’t happening. Trudeau and the Liberals are not responsible for that, anymore than the CPC is capable of sweeping in and fixing all of it.
So here is my $.50. We each choose how we meet life’s challenges, personal and otherwise. I am currently in the Yukon. I am the only born and bred Canadian here, including other guests, staff of the resort, and staff at tours I have participated in. I have met Germans, French, Chinese, Japanese, Iranians, Australians, and Americans. Every single person I have talked to has raved about Canada. Many have immigrated and others are trying hard to immigrate. It struck me it is about perspective, where one sees opportunities another sees barriers. Where one see despair, another sees hope. The solution in my opinion, is we all need to open our eyes and our ears to all those perspectives. Canada has its challenges, but as someone who has travelled extensively, those challenges exist pretty much everywhere, if not in the same form in another form. We are all responsible for creating the kind of world we want to live in. So instead of passing the buck to politicians, maybe we need to take a moment to decide what we need to do to create what we want to see in our lives. As I write this, I wonder if that isn’t the leadership Trudeau, and others should be demonstrating. The ability for self reflection, a desire to understand other perspectives and a willingness to make the changes in his own work to better reflect the world he wants to see.
I am not sure it is all doom and gloom on this topic. I don’t see any indication that the Liberals are going to use this latest twist as an opportunity to attach Poilievre to the Convoy or make him look like Trump. I think the response yesterday was correct, we think this judgement is wrong and we will appeal it. And if the Supreme Court in two years applies same legal pretzel of reasonable without hindsight, but unreasonable with the benefit of hindsight, it is politically a non-event (and may even help Trudeau).
On the leading part, I am not sure what you expect the government to do. They are acting on housing, they have acted on immigration and they are pro-active on the increase car thefts etc. I would like to see the federal government taking the provinces to task on healthcare more explicitly, but other than that, what do you want them to do?
I read earlier today something interesting. Justice Mosley is quite likely completely out of bounds be saying anything about the invocation of the emergency act. The invocation is tested by parliament. A majority of the House voted for it. The Senate declined to vote. As it is explicitly parliament that tests the invocation, the judiciary has nothing to say about the invocation.
Now, the measures taken under the Emergency Act can still be tested to see if they were charter compliant. And Justice Mosley goes into these areas in great depth. For example he makes a fair point that there were no criteria for the police on how to select which bank accounts should be frozen. That could be a charter issue. However whether invoking the Emergency Act was reasonable is none of his business.
I would not be surprised if the Supreme Court will go this route.
By the time I had lived through my first quarter-century, I had seen the Vietnam War disaster in the US, terrible assassinations (Kennedys, MLK), Nixon, Watergate, Woodstock and The Beatles -- and in Canada, the Diefenbaker years, the flag debate, the Quiet Revolution, the October crisis, and the OPEC oil crisis. I don't want to turn this comment into another rendition of "I didn't start the fire" but now that I have lived through three quarter-centuries (I'm 73) I am a little more sanguine.
I can still hope that Canada's profound pandemic hysteria will resolve over the next year or so, giving Trudeau a little breathing room. (Though of course if Trump gets reelected, all bets are off.)
.. fuck the “Freedom Convoy’’ shit Evan - Who cares how they got to Ottawa ?
Face the Fact of Occupation, Blockades, Manifestos, Foreign Funding, Malfeasance.. mebbe DEAL with the Explosive Reality & YIELD that was Planted within the Parliamentary Precinct & could have blown OUR Parliamentary Buildings into The Ottawa River and Hull and the Commercial & Residential District to Carleton Riding.. This aside from The Bridges & Coutts Border Crossing
Refresh yourself dude.. re Oklahoma City Bombing .. One Fucking Truck
Lives Matter ..Words Matter.. Terms Matter .. Context Matters .. Truth Matters.. Public Service Matters
We now live in a Society where Politically Partisan MainStream Media Delivers Weaponized ‘Doxing Data’ a la Alex Jones & Donald fucking Trump.. where a former Interim Leader of Canada’s Opposition Party tells her Caucus “we need to make this the Prime Minister’s PROBLEM.. & the Wannabe Prime Minister delivered coffee & donuts to the Occupiers and posed for Selfies & Marched in Ottawa with former Canadian Military Members currently offering their Services as Political Mercenaries & Security for Partisan Election Campaign Rallies..
Evan, I'm confused by this. You say, "we’re now at a place where it all feels like it’s coming apart at the seams." Do you mean that the people who bought into the Insurrectionist movement are those that have, until now, quietly tolerated the advances that the LGBQT community made in society? That they've been seething about immigration and PoC in their communities? And that somehow Trudeau needs to fix this malady? I'm afraid I don't get what you mean.
Further, in a related vein, I was really shocked that the RCMP characterized the need for greater security personnel to protect MPs and the PM as being caused by "divisiveness" in the country. As though the folks who oppose any current policy or government are entitled to physically threaten and/or attack their opponents. That isn't divisiveness, that is violent (sociopathic) behaviour.
I'm a lawyer, although a retired one.
Mr. Justice Mosley,s task was to see whether the invocation of the EA in February 2022 complied with the requirements of the Act, and also whether the invocation infringed any Charter rights and, if so, whether the infringement was justified under section 1. This he did.
The root problem is that the current wording of the EA is inadequate to cover the situation in February 2022. That is what Mr. Mosley found. He thinks that the EA should be rewritten by Parliament. But he cannot rewrite it himself. He is bound by what it says currently. And he found that the Feb 22 situation did not satisfy the requirements in the EA. I agree with him, for the reasons he gives.
The underlying question is whether we will be governed by the rule of law. If a statute is inadequate, or badly drafted, the solution is not for the politicians and citizenry to ignore the law. Rather, it is for Parliament to change the law. The ball is now in their court. Even if this decision is reversed on appeal, and remember that there are two levels of appeal -- to the Federal Court of Appel and then to the Supreme Court -- the law still should be changed.
All that said, I wish that both the CPC and the Liberals, having had their say, would now shut up about this. We need to heal as a society, not keep poking at old wounds and divisions. Surely there are more important issues facing us, such as housing and the economy.
A sage (and welcome) comment. Nice to know there are still adults in the room.
While I agree with much of what you’ve said Evan, I am struggling with your Leadership is the answer solution! I keep asking myself, “what would that kind of leadership look like? What would I do as a leader in that situation?” What comes up for me, is this is bigger than one man. I would argue that it is on each one of us! We live in a very entitled society. As a boomer, I have frequently said that I am part of the luckiest generation that ever walked this planet. That is not to,say we did not struggle, we did not have to work hard, we did not have to face challenges. But compare my challenges to those faced by past generations, they do not compare. The generations that followed mine, came to expect the same or better, and it isn’t happening. Trudeau and the Liberals are not responsible for that, anymore than the CPC is capable of sweeping in and fixing all of it.
So here is my $.50. We each choose how we meet life’s challenges, personal and otherwise. I am currently in the Yukon. I am the only born and bred Canadian here, including other guests, staff of the resort, and staff at tours I have participated in. I have met Germans, French, Chinese, Japanese, Iranians, Australians, and Americans. Every single person I have talked to has raved about Canada. Many have immigrated and others are trying hard to immigrate. It struck me it is about perspective, where one sees opportunities another sees barriers. Where one see despair, another sees hope. The solution in my opinion, is we all need to open our eyes and our ears to all those perspectives. Canada has its challenges, but as someone who has travelled extensively, those challenges exist pretty much everywhere, if not in the same form in another form. We are all responsible for creating the kind of world we want to live in. So instead of passing the buck to politicians, maybe we need to take a moment to decide what we need to do to create what we want to see in our lives. As I write this, I wonder if that isn’t the leadership Trudeau, and others should be demonstrating. The ability for self reflection, a desire to understand other perspectives and a willingness to make the changes in his own work to better reflect the world he wants to see.
Exceptional !
I am not sure it is all doom and gloom on this topic. I don’t see any indication that the Liberals are going to use this latest twist as an opportunity to attach Poilievre to the Convoy or make him look like Trump. I think the response yesterday was correct, we think this judgement is wrong and we will appeal it. And if the Supreme Court in two years applies same legal pretzel of reasonable without hindsight, but unreasonable with the benefit of hindsight, it is politically a non-event (and may even help Trudeau).
On the leading part, I am not sure what you expect the government to do. They are acting on housing, they have acted on immigration and they are pro-active on the increase car thefts etc. I would like to see the federal government taking the provinces to task on healthcare more explicitly, but other than that, what do you want them to do?
I read earlier today something interesting. Justice Mosley is quite likely completely out of bounds be saying anything about the invocation of the emergency act. The invocation is tested by parliament. A majority of the House voted for it. The Senate declined to vote. As it is explicitly parliament that tests the invocation, the judiciary has nothing to say about the invocation.
Now, the measures taken under the Emergency Act can still be tested to see if they were charter compliant. And Justice Mosley goes into these areas in great depth. For example he makes a fair point that there were no criteria for the police on how to select which bank accounts should be frozen. That could be a charter issue. However whether invoking the Emergency Act was reasonable is none of his business.
I would not be surprised if the Supreme Court will go this route.
By the time I had lived through my first quarter-century, I had seen the Vietnam War disaster in the US, terrible assassinations (Kennedys, MLK), Nixon, Watergate, Woodstock and The Beatles -- and in Canada, the Diefenbaker years, the flag debate, the Quiet Revolution, the October crisis, and the OPEC oil crisis. I don't want to turn this comment into another rendition of "I didn't start the fire" but now that I have lived through three quarter-centuries (I'm 73) I am a little more sanguine.
I can still hope that Canada's profound pandemic hysteria will resolve over the next year or so, giving Trudeau a little breathing room. (Though of course if Trump gets reelected, all bets are off.)
.. fuck the “Freedom Convoy’’ shit Evan - Who cares how they got to Ottawa ?
Face the Fact of Occupation, Blockades, Manifestos, Foreign Funding, Malfeasance.. mebbe DEAL with the Explosive Reality & YIELD that was Planted within the Parliamentary Precinct & could have blown OUR Parliamentary Buildings into The Ottawa River and Hull and the Commercial & Residential District to Carleton Riding.. This aside from The Bridges & Coutts Border Crossing
Refresh yourself dude.. re Oklahoma City Bombing .. One Fucking Truck
Lives Matter ..Words Matter.. Terms Matter .. Context Matters .. Truth Matters.. Public Service Matters
We now live in a Society where Politically Partisan MainStream Media Delivers Weaponized ‘Doxing Data’ a la Alex Jones & Donald fucking Trump.. where a former Interim Leader of Canada’s Opposition Party tells her Caucus “we need to make this the Prime Minister’s PROBLEM.. & the Wannabe Prime Minister delivered coffee & donuts to the Occupiers and posed for Selfies & Marched in Ottawa with former Canadian Military Members currently offering their Services as Political Mercenaries & Security for Partisan Election Campaign Rallies..
Evan, I'm confused by this. You say, "we’re now at a place where it all feels like it’s coming apart at the seams." Do you mean that the people who bought into the Insurrectionist movement are those that have, until now, quietly tolerated the advances that the LGBQT community made in society? That they've been seething about immigration and PoC in their communities? And that somehow Trudeau needs to fix this malady? I'm afraid I don't get what you mean.
Further, in a related vein, I was really shocked that the RCMP characterized the need for greater security personnel to protect MPs and the PM as being caused by "divisiveness" in the country. As though the folks who oppose any current policy or government are entitled to physically threaten and/or attack their opponents. That isn't divisiveness, that is violent (sociopathic) behaviour.