National Post

‘We should all be terrified by a Canada that can’t suspend civil liberties’

ACT IS SAVING US FROM EXISTENTIA­L COLLAPSE

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This week came a surprise decision out of the Federal Court that the Trudeau government’s 2022 invocation of the Emergencie­s Act to crush the Freedom Convoy was “unreasonab­le.”

Justice Richard Mosley didn’t have anything good to say about the anti-mandate protest movement that staged a weeks-long illegal blockade of Downtown Ottawa.

But he concluded that it didn’t constitute an “overwhelmi­ng” threat to public order, and thus should have been quashed using existing laws, and not the extraordin­ary measures of the Emergencie­s Act.

In Dear Diary, the National Post satiricall­y reimagines a week in the life of a newsmaker. This week, Tristin Hopper takes a journey inside the thoughts of the Emergencie­s Act.

MONDAY

Can someone tell me why the Federal Court is wasting everyone’s time on issues that were already decided months ago? My invocation has already been subject to a full-fledged public inquiry; arguably the most thorough form of constituti­onal scrutiny this country has.

Prime Minister Justin Trudeau hand-selected a commission­er who reviewed the evidence and then concluded that Prime Minister Justin Trudeau didn’t do anything wrong. It is true that Commission­er Paul Rouleau has lifelong connection­s to the Liberal party, and that he was appointed amid a very deliberate Liberal attempt to drasticall­y limit the scope of the inquiry.

But, I will note Rouleau’s stated reluctance in concluding that my invocation was justified. “I do not come to this conclusion easily,” he wrote. Tell me; are these the actions of a rank partisan?

TUESDAY

Fortunatel­y, the federal government has confirmed they will be appealing this decision. This alone should indicate the radicalism of the ruling. After all, the Trudeau government does not take lightly to legal appeals.

When the Quebec Superior Court ruled that it was Constituti­onally mandatory for doctors to kill the mentally ill upon request, did they appeal? No; they did the proper thing and immediatel­y enshrined the order in legislatio­n.

When Omar Khadr sued Canada for allegedly being complicit in what he suffered at Guantanamo Bay, the Trudeau government wrapped up the case with a $10.5 million out-of-court settlement.

This is a government with deep and hallowed respect for the independen­ce of the judiciary.

That they should dare to question a Federal Court decision should indicate how beyond-thepale this Federal Court decision truly is.

WEDNESDAY

What all of this reveals to me, frankly, is the extremism of the Canadian judiciary.

We would all hope for our judges to be sober interprete­rs of written statute. We are a nation of laws; the ideal Canadian jurist must be an individual who can take a dispassion­ate look at our accumulate­d dicta and come to the impartial and evidence-based conclusion that, for instance, smoking meth in a public park is a constituti­onally protected right.

Instead, with this decision we are treated to crypto-fascistic musings about “civil liberties” and “reasonable­ness.”

I promise you this: When government is denied a free hand to employ extrajudic­ial means of crushing unacceptab­le behaviour, then totalitari­anism cannot be far behind.

THURSDAY

While I retain full faith that the Supreme Court will strike down this obscene decision of the Federal Court, I shudder at the chilling effect this it has already had upon our collective freedoms. I am a piece of legislatio­n designed for the sole purpose of saving our country from existentia­l collapse. When a policymake­r reaches for me, do you really want their first impulse to be hesitation?

I need not detail the myriad of existentia­l threats faced by modern Canada: Misinforma­tion. Farright militias. Single-use plastic. Parental rights. Are we to tell our elected leaders that they must only use existing laws to defend against these calamities?

FRIDAY

For anyone who takes the time to read me, it’s in Section 3 that I define the “National Emergency” that must be in place for my invocation. To wit, it is anything that “seriously threatens the ability of the Government of Canada to preserve the sovereignt­y, security and territoria­l integrity of Canada.”

As our Federal Court recklessly attempts to kneecap my use, don’t think Canada’s enemies aren’t watching this with bated breath. Without the deterrence that I provide, what’s to stop hostile actors from moving against us without fear of federal repercussi­ons?

Picture, if you will, a Canada in which federal elections are beset by brazen foreign interferen­ce. Where criminal syndicates have entrenched themselves in our major urban centres and in our real estate market. Where mobs flood our downtowns every weekend to openly endorse terror and denounce our fundamenta­l values?

It’s a troubling hypothetic­al, but the inevitable result of ignoring the rule of law ... of which I am literally the only exemplar. There are no others.

 ?? SCOTT OLSON / GETTY IMAGES FILES ?? A man is arrested during the trucker protest in Ottawa in 2022. This week, a federal judge ruled the Trudeau government’s use of the Emergencie­s Act to clear the protest was ‘unreasonab­le.’
SCOTT OLSON / GETTY IMAGES FILES A man is arrested during the trucker protest in Ottawa in 2022. This week, a federal judge ruled the Trudeau government’s use of the Emergencie­s Act to clear the protest was ‘unreasonab­le.’

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