Vote NO to Emergency Measures; YES to Democracy
Letter by Gail Davidson, sent on 17 February 2022 to the members of Canada's federal parliament.
Attention Members of Parliament (MPs)
Vote NO to Emergency Measures; YES to Democracy
The declaration of a public order emergency on 14 February 2022 is not warranted and does not comply with legal requirements of legitimate purpose, necessity or proportionality. The protests by truckers and others do not “threaten the life of the nation.” MPs must reject the declared emergency and instead call on Parliament to promote and allow dialogue, dissemination of information and public debate about ending mandates that we now know are ineffective, unnecessary, disproportionate, unlawful and the cause of catastrophic and perhaps irremediable harm. Protesters and millions of others are gravely concerned at the absence of parliamentary and judicial oversight over the imposition of mandates and the failure of elected representatives to listen to and address the urgent matters raised by the protesters.
The 14 February 2022 news release announcing the imposition of emergency measures does not comply with Canada’s mandatory legal duties under the Emergency Measures Act R.S.C. 1985 c. 22 (EMA) or the International Covenant on Civil and Political Rights (ICCPR). The EMA and ICCPR allow imposition of temporary emergency measures only when there is an emergency that "threatens the life of the nation" and there are no other measures to address the perceived emergency and the measures proposed are legitimate, lawful, necessary, proportionate and temporary. Under both the EMA and the ICCPR a declaration of emergency measures must be made by a public proclamation that identifies the purpose and the measures and rights restrictions to be imposed, with sufficient detail and clarity to enable the public, UN treaty monitoring bodies and State Parties to the ICCPR to assess the legitimacy, legality, necessity and proportionality of the proposed emergency measures. The ICCPR also requires provision of notice to the United Nations Secretary General. As stated by the UN Human Rights Committee, “The latter requirement is essential for the maintenance of the principles of legality and rule of law at times when they are most needed.” The Federal Government’s news release does not comply with any of these mandatory conditions.
The purpose of emergency measures is to preserve and maintain democracy, civil rights and the rule of law; to prevent—not enable—the use of power to silence debate, override rights and punish protesters and critics. Protesters are peacefully calling on Parliament to end mandates that are now known to be ineffective, unnecessary, disproportionate, against the law, and the cause of “enormous economic and social costs” while providing “little to no public health effects”. Federal authorities have yet to use the lawful means of dialogue, negotiation and judicial determination to address the concerns raised and end the protests. Federal authorities have refused to meet with the protesters or to listen to medical specialists explain in public the facts and science behind the demands of the protesters. To silence and punish protesters and others criticizing or objecting to the mandates, the Government of Canada proposes to use extreme measures summarily imposed without judicial determination of the rights of targeted people, remedies for victims or accountability for perpetrators of rights violations. Proposed punishments include warrantless search and seizure, arrest, imprisonment, fines, loss of jobs and income, revocation of professional licenses, cancellation of insurance, blocked access to bank accounts, seizure of equipment and police use of dangerous weaponry including Long-Range Acoustic Devices.
Knowledge of the ineffectiveness and harm of mandates has led many states (e.g. Sweden, Norway, Denmark, Ireland, Czech Republic, many US states, The Netherlands, Britain, Scotland, Catalonia) to announce withdrawal and phasing out of lockdowns, mandatory masking and distancing, vaccine mandates and passports, restricted travel, school closures and other restrictions.
Several Premiers have identified the emergency measures as illegitimate, unnecessary or likely to result in serious harm. Premier Legault has stated there is no need for emergency measures in Quebec. Bloc Québécois leader Yves-François Blanchet has called the proposed emergency measures “not legitimate” and “useless.” Premier Moe has stated that emergency measures are not needed and “Saskatchewan does not support the Trudeau government invoking the Emergencies Act.” Premier Jason Kenney says, “I think on balance, prudence dictates that at least here in Alberta we give support to law enforcement to get the job done.” Manitoba Premier Heather Stefanson suggests, “The sweeping effects and signals associated with the never-before-used Emergencies Act are not constructive here in Manitoba, where caution must be taken against overreach and unintended negative consequences.” In the Maritimes, New Brunswick Premier Blaine Higgs declares, “I don’t think it’s necessary for New Brunswick,” and Nova Scotia Premier Houston cautions, “Given the nature of the protests to date in Nova Scotia—which have generally been peaceful and within the law… We did not need the federal government to enact the Emergencies Act in Nova Scotia at this time.” The majority of Canadians want the mandates removed.
Dialogue, public debate, dissent and access to information are the life blood of democracy. We call on our Members of Parliament: Stand up for the law and protection of rights including the right to freedom from the arbitrary use of power. Please support democracy, a return to parliamentary lawmaking and proper judicial oversight.
Vote NO to emergency measures.