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MEGA THREAD: Emergencies Act Legal Challenge DAY 3

Today is the third and final day of hearings in the CCF legal challenge to the Trudeau government's use of the Emergencies Act. Follow this thread for live updates.
If you want to stream the hearings LIVE you can register with the court to watch them here:…
Up first this morning will be the Attorney General of Canada defending the case. We expect the AGC to speak until around noon, and then we will turn to replies.
Read 278 tweets

We are about to start Day 2 of the hearings challenging the invocation of the Emergencies Act. At federal court in Ottawa, we start arguments at 930 am. Check this thread for live updates.
If you want to watch the hearing live, you can stream it here:…
Hearing has not begun, counsel for @CDNConstFound is up, starting with @sujit_choudhry. Split 1 hour each, with second hour by @_JananiS
Read 242 tweets
MEGA THREAD ON EMERGENCIES ACT HEARING: The hearing of the challenge to the federal government's use of the Emergencies Act is about to begin. Check this thread for live updates.
The case is being heard by Justice Mosley of the Federal Court in Ottawa. For space reasons, the hearing is actually taking place in a room in the Supreme Court of Canada
The case is brought by the @CDNConstFound, the @cancivlib and another organization called Front Line Nurses. The cases are separate but being heard together
Read 326 tweets
20 years ago, Colin Powell addressed the UN Security Council to make a case for war. Serving as the frontman for Bush’s admin, to convince the world of the dangers of Iraq & WMDs.

Powell believed what he was saying, based on what? Intelligence provided to him #Cdnpoli #CdnNatSec ImageImageImageImage
That faulty intelligence had been assessed, & yet, it was a lie that had catastrophic effects on the world. Cost over $1.2 T 💵. A million lives lost.
Today in 🇨🇦 we have a far less catastrophic, yet still important, peddling of intelligence - of unknown confidence. #CdnNatSec Image
We are to accept as fact documents shown to handpicked reporters. From an unknown source getting labeled a “whistleblower”, when that is not what this is. A leaker is not a whistleblower. They do not receive whistleblower protections. #cdnpoli #CdnNatSec ImageImageImage
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The convoy occupation was a human rights failure. How could a human rights framework have been applied during the convoy occupation? 🧵1/10
Upholding the importance of the right to peaceful protest while recognizing the wide range of human rights of residents, workers and business owners that was at stake in Ottawa and Gatineau for those three weeks. 2/10
Protest rights are essential to a functioning democracy. However, they do not override the rights of people living and working in the area impacted by protest. This is true even in a capital city like Ottawa. 3/10
Read 10 tweets
Why is far right German member of European Parliament & Russian asset, Christine Anderson, posting pictures of herself with Tamara Lich & #JCCF’s Keith Wilson yesterday?

Interesting to note, Lich helped start #WEXIT. The global far right is Putin’s ace in the hole. #cdnpoli
But here’s ADF’s Christine Anderson with another man. A Quebec resident named Kim Tsoj. He posts about Christine Anderson a lot. #FreeDumbConvoy #cdnpoli #CdnFarRight
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1/15 #LONG 🧵

Frontier Centre for Public Policy, an award-winning western Canadian based public policy think tank released a rebuk to the #POEC report titled
"The Strange Conclusions of Justice Paul Rouleau"

2/15 In the #POEC response Justice Rouleau states:
“concluded that the very high level threshold required for the invocation of the (Emergencies) Act was met.- I do not consider the factual basis for it to be overwhelming" Image
3/15 During the #POEC hearings, the RCMP, CSIS, OPP, and Ottawa Police Service testified that the protesters did not pose a threat to national security and that the Emergencies Act was not warranted Image
Read 16 tweets
I've just read all 270+ pages of the #POEC vol 1 so you don't have to

tldr; Ottawa incompetency at both provincial federal levels combined with Prime Minister Justin Trudeau rhetoric that hardened the freedom protests resolve, lead to a national emergency...

#cdnpoilitics Image
yet the threat didn't qualify as a threat under the CSIS act as it is written in the act itself but Justice Rouleau interpretation of the emergency act

I'd imagine this interpretation of the act would be successfully challenged on appeal had this been an actual court of law
Justice Paul Rouleau in my estimation should never have weighed in on the justification of the act as he was not required to. As he was always seen to be politically bias due to his ties to the liberal party.
Read 9 tweets
#POEC report

Public Safety developed a proposal for direct engagement between protesters in Ottawa and the Federal Government. A face-to-face meeting between protest leaders and federal officials had the potential to give the protesters a “win”
This would allow them to leave feeling that they had accomplished something

The OPS had identified six individuals with whom they believed they could engage
RCMP Commissioner Lucki raised concerns about the proposal. In particular, she suggested that it might interfere with police operational independence and that it was premature
Read 5 tweets
Big theme in the #POEC report is the utter incompetence of the OPS failing to address the Hendon report but i have yet to see any flags at the federal level in this report being raised. This protest was driving across provincial lines to Ottawa. Why wasn't Ottawa concerned?
Reviewing the text message from Minister of Public Safety Marco Mendicino they knew the convoy was coming two days prior to their arrival in Ottawa as they were detailing plans how to exploit this event for political purposes
This is a huge indictment at the federal level

Their plan to scope this protest akin to the US Jan 6th failed due to social media

The sharing of videos of dancing, comradery and bouncy castles emerged and destroyed the federal narrative
Read 5 tweets
Commissioner Paul Rouleau speaks to media after tabling his #POEC report. We are told he will not take questions. #cdnpoli
Rouleau's report should be online shortly--it found "with reluctance" that government met threshold for invoking #EmergenciesAct , noted policing failures as well provincial Ontario gov't's absence in engagement. #cdnpoli
Read 19 tweets
Tomorrow we get the report of the POEC. TBH, I don't expect much. I doubt Mr. Justice Rouleau will determine if the use of the EA was or was not justified as that is properly a matter for the Courts to decide. 1/
What I do expect is a summary of the events and decisions which led to the invocation. Based on the evidence before him that summary is likely to take aim at the police - at all levels - for letting the protest "get out of hand". 2/
It will probably spend a good deal of time on the horrors faced by the good citizens of Ottawa and next to no time on the protest itself. There will be a lot about how difficult it was for gov't to determine the intentions of the protestors. 3/
Read 16 tweets
Well done #Canada. It’s my understanding Trudeau will not get the @POECommission report in advance.

My Q to you now is: should the legal opinion Cabinet used to justify invoking the EA be made public to #Canadians?

This is what they provided the POEC:… ImageImageImageImage
@DavidLametti’s “role of Chief Law Officer of the Crown, the Attorney General is not accountable to a particular government. They are required to act according to the law and the broader public interest, not according to personal or partisan interests."… Image
At the same time Minister Lametti did not check with his “clients” about waiving solicitor client privilege of the legal opinion used by Cabinet to justify invoking the EA.… Image
Read 5 tweets

Many have said they lost confidence in the Public Order Emergency Commission (#poec) because of how the feds behaved and how the #poec managed the inquiry.
In addition to the heavily redacted and late disclosure of documents from the feds there were two other serious issues we identified👇👇:
(1) The feds refuse to release the legal opinion they claim justified the use of the Emergencies Act (EA); and

(2) The #poec is giving Trudeau and his Cabinet a secret report on Feb 6 and Parliament & the public get the report on Feb 20.

Does this sounds transparent to you?
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As 2022 comes to a close, here’s a brief #cdnpoli year in review. In January/22 we saw the launch of a destabilization op (that just *happened* to coincide with the lead up to Putin’s attack on #Ukraine). #FreeDumbConvoy #FluTruxKlan
#FluTruxKlan #FreeDumbConvoy was pushed hard by multiple malign players & boosted by inauthentic activity, including by foreign threat actors. #Cdnpoli #CdnpoliYearInReview #goodbye2022
Feb/22 #NevrePoilievre officially launched his “prime minister” bid using #FluTruxKlan op, even though we’d just had an election months earlier & O’Toole was still #CPCldr.

#Cdnpoli #CdnpoliYearInReview #goodbye2022
Read 17 tweets
The following thread you will find Final written submissions on behalf of Freedom Corporations Sumbmissions from the Public Order Emergency Commission.

Please Retweet so all Canadians can see.

#transparency #canada #POEC
Read 18 tweets
Hibernation Day #422 | OK. Pacific storm time. #BCStorm We are right on the Strait of Juan de Fuca which is supposed to get feisty tonight. Nothing that interesting yet, but a cold front coming, maybe snow by Tuesday. 1/
We still have some stocking up to do but we have enough food for three or four weeks at current consumption. If it snows seriously in Victoria, we are basically stuck at home for a few days. It never lasts longer than that, until it does. 2/
COVID is fading into the past. Of course you could have said that this time last year and then Omicron showed up and everyone, jabbed and unjabbed, got sick. We need a full year without the Vid to say we're done. 3/
Read 9 tweets
#POEC Take aways Part 2: OK, so the first four weeks of the testimony, with a few exceptions, were about the fun convoy and the befuddlement of the various police forces dealing with a peaceful, largely legal, protest. Now it gets darker. 1/
The Friday before the last week, the head of CSIS, an agency which had already opined that the convoy did not rise to the threat level required for a national emergency, pivoted and stated that the Emergencies Act was "required" to end the "occupation". 2/
Pivot! Now the Liberal regime had cover for its dark convoy narrative. The ladies from PCO put their oar in as well, but not as precisely as Canada's spy chief. "Everything was on the table, no matter how crazy." are words the Clerk of the Privy Council does not say. 3/
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1. Nazi Flag and Claims of "False Flags": Brendan Miler's Accusations Amplified By Extremists and Conspiracy Promoters
2. On November 21, the big news emerging from the inquiry was that CSIS had advised that the Prime Minister invoke the Emergency Act in response to the occupation in Ottawa and the border blockades in BC, Alberta, Manitoba, and Ontario.…
3. However soon a lawyer representing the "Freedom Convoy" made a bombshell claim in which he implicated an executive with Enterprise Canada in an incident that occurred in the early days of the occupation.
Read 40 tweets
It's Jan 2022, you're now suspended or fired for remaining UNVACCINATED.
You have
NO benefits,
NO unemployment.

AND, NO explanation of the SCIENCE supporting this ACTION.
NOT from your employer your union or the government.

You're just fired
You've pleaded and begged your unions, employers and your MPs to provide the data and explain the science that is causing you to lose your livelihood.
NONE is offered, NONE is given.
The only answer you get is, "no jab no job".

You're helpless.
You have nowhere to turn.
You sit and eagerly watch parliamentary debates in the HOC.
Surely they'll be forced to address this,🤔
One side querries another about the science behind lockdowns, workplace Vax policies etc and NOTHING.

They REFUSE to answer.
They refuse to explain.
Read 11 tweets
#POEC Take aways: first and foremost, there were two Convoys, the convoy of bouncy castles, conga dancing in -30, free food, a few beers and a 3 week block party and then the convoy of occupation/insurrection/those people/potential violence. 1/
There are hours of video of what I will refer to as the "fun" convoy. Everyone had a phone and lots of people live streamed daily. There is no video footage of the "dark" convoy which only existed in legacy media. There are a couple of still photos of a swastika flag far away. 2/
A quick video of a fully masked guy carrying a confederate flag being told to leave the convoy; but that is it in terms of dark convoy hard evidence. The rest relied on largely retracted legacy media talking heads. 3/
Read 27 tweets
It escapes me how any rational observer could conclude this past week was anything but a thorough success for the government. Not in the sense of 'we won'. No one wins. But the immense jeopardy that each minister, the PM and the PMO faced was averted entirely. #POEC
Trudeau faced a grueling test today. Hours of televised, public testimony on technical, difficult and extremely important issues. And he provided controlled, compelling & in-depth explanations of his every move and consideration. He didn't take a single punch. #POEC
It will fall to the Commissioner to determine if the statutory obligations of the EA were met. Or whether they need amendment. Or whether protocols governing interaction between leaders and policing services need revisiting. Much less interactions between levels of gov't #POEC
Read 8 tweets
I have been reading @TondaMacC's excellent twitter stream on Trudeau's testimony before #POEC. No surprises. Trudeau claims that the EA test is broad and comes down to "reasonableness". This is the administrative state writ large. 1/
The EA was drafted tightly to bring "emergency powers" within the new Canadian Constitution. It was passed to replace and constrain the powers gov't had under the War Measures Act. Specific thresholds were set for the proper invocation of the Emergencies Act. 2/
"Reasonableness" was not a part of the EA. Strict standards were...but no longer if the Trudeau doctrine is adopted as correct the only test will be whether Cabinet thinks the EA is required and if there is a reasonable basis for that decision. 3/
Read 6 tweets
NO NO NO. The reason the #EmergenciesAct was invoked was because things WERE NOT resolving. They were becoming entrenched. Children and Ottawa residents were increasingly at risk. #EmergencyActInquiry
The political right & malign actors, including adversaries like 🇷🇺& 🇨🇳, used public health measures as a means to sow toxicdisinformation & weaponize the public via social media manipulation in order to destabilize democracies. This was not a “protest”. #EmergencyActInquiry #POEC
If the #CPC opposition weren’t such manifestly bad faith actors, that were participants in #FluTruxKlan destabilization operation, then perhaps things wouldn’t have gotten so out of hand. Provincial & fed #Conservatives WANTED this destructive chaos. #EmergencyActInquiry #POEC
Read 9 tweets

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