In essence, the inquiry\u0027s mission was fulfilled once it was clear — and all but admitted by government ministers — that the conditions had not been met
If you wish a guide for your thinking on the recently concluded inquiry into the calling of the Emergencies Act, I suggest the following thought.The NP Comment newsletter from columnist Colby Cosh and NP Comment editors tackles the important topics with boldness, verve and wit. Get NP Platformed delivered to your inbox weekdays by 4 p.m. ET.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
When Doug Ford called upon the notwithstanding clause just a few weeks back various federal ministers and the prime minister sounded ominous warnings and grave cautions that the premier should have reached for a specific and limited deployment of that clause. Which demonstrated they very clearly appreciated the injury to democracy and civil rights involved in even a one-time, narrowly-focused use of its powers.
In other words that high bar, those defined circumstances in which alone any federal government could avail of the most draconian legislation on the Canadian statute books were not met.In essence, the inquiry’s mission was fulfilled once it was clear — and all but admitted by government ministers — that the conditions had not been met, that, instead, other conditions than those laid down in the act itself were called upon.
What about calls from U.S. presidents during Canadian protests? The authors of the Emergencies Act made no provision for telephonic or other pressures from any president or specifically Joe Biden, as a legitimate precursor for the calling up the full power of the Canadian state. But he was not there to ruminate on the nature of protest, or offer his achievement of personal “serenity” after making the fateful decision, or wax on empathetically about “what might have happened”
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