Peter Sankoff Profile picture
Feb 13 17 tweets 3 min read
1/ So all of this falls on the executive. (Don’t @ me @GarethMorley3). What the hell is going on? Well, there would seem to be a few options. None of them good. Let’s figure it out.
2/ Option A. We don’t have the operational capacity to deal with any of this. To me, that’s scary. If we can’t deal with this, how can we deal with a bona fire crisis???
3/ To be clear there would seem to be an operational capacity issue at play here and a fair bit of incompetence especially in Ottawa.
4/ As an aside, why did the police barge into Coventry road, reveal their hand, and then leave. I may never understand the operational problems - but I do not believe capacity is the core issue.
5/ Option B. Fear of violence. I think this is part of it, but I still think it’s a shit answer. Everyone keeps yelling about how they’re non violent. I realize that could change, but I’ve yet to see any real effort in using non violence effectively.
6/ So how can fear of violence be the answer? I’m not suggesting the police charge into downtown Ottawa right this second, but we’ve seen police use non violent tactics before. Why so much negotiation and so@little action?
7/ I’m struggling to buy option B as the full answer, but it’s a part of the answer.
8/ Option C. Politics. No one wants to wear the cost of doing something so they’re all playing pass the buck. I find this somewhat plausible and also somewhat terrifying. If this is where we are, the future of the country don’t look bright.
9/ Truth is that in a time for leaders, I haven’t really seen many covering themselves in glory. I don’t really want to argue about who’s winning the race for the bottom (Ok, it’s Polievre…) but the tots absence of leadership is devastating.
10/Option D. A different sort of politics. The politicians can’t risk angering their base and enforcing rules because they are at risk. I am about 95% convinced that Option D explains Alberta.
11/ Option E -Racist politics. The government refuses to act because the protesters look “too much like us” and are somehow sympathetic. I believe there is a ton of this in play.
If Windsor border blockers are not charged, I can only conclude that this (perhaps combined with Option D) is the reason.
13/ Needless to say, none of this is good for our country. I’m in my 50s. This is one of the darkest things I’ve ever seen. And I don’t mean the convoy. I mean the loss of faith in government to do anything.
14/ I am naturally an optimistic person. But this is bad. And ending the convoy, assuming this happens, will not stop it. If anything, this is the beginning of something nasty.
15/ I’m worried there are two possible reactions to this, none of which are good. When this finishes, governments will either do too little, which will erode faith in civil society.
16/ Or they will do too much, like they did in reacting to 9/11.
17/ I promise to be cheerier tomorrow.

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More from @petersankoff

Feb 14
1/ More on Windsor: CJ Morawetz is expected to publish the reasons for his decision to grant the injunction this week, but during the hearing Friday, he said the protesters’ right to freedom of expression had to be balanced against everybody else’s right to use the bridge.
2/ I don't want to say too much, because the reasons have not been published. But I don't really understand this either. Let's talk about freedom of expression for a moment.
3/ Protests? Super important. I support them. We need to have a way to voice our dislike of things. It's part of our democratic process. I support giving protesters a lot of room to say what they want. Absolutely.
Read 10 tweets
Feb 14
1/ I'm reading this from the Globe and Mail, and I want to yell "fake news". Let's dissect. theglobeandmail.com/canada/article…
2/ "The Ambassador Bridge shutdown highlighted the impact that only a few determined protesters could have on a crossing that carries hundreds of millions of dollars in goods a day." I think it shows the impact of government/police refusing to take action.
3/ The "few determined protesters" were cleared out by a large police presence (probably 3x what was needed). Despite all the public defiance, there was no violent resistance. Big surprise. Try not giving in to their every whim next time.
Read 19 tweets
Feb 13
1/ Fictional thread: “Mr. Sankoff, you’ve just been appointed AG Ontario. What’s your first order of business?” “Well, I will stop 720 Bay from taking such crazy positions that the SCC stomps all over them!” [Cue laugh track].
2/ “what about charges for Randy Hillier?” Well, I think they are necessary. He’s made himself the leader of an illegal “protest” that has caused real harm, ignored legal limits and shown contempt for judges and the public alike. He should face the consequences.
3/ “But he’s a member of Provincial Parliament! You can’t do that!” A: Why? He is subject to the law just like anyone else.
Read 9 tweets
Feb 10
1/ I have a few thoughts about this dispatch as well. First, Matt has been a great source for information. Dispassionate and reasonable. He has pointed out things he’s seen whether they match narrative or not.
2/ So I have a few thoughts about his overall thesis: that police are not intervening because of fear of mass chaos event at Coventry. This fear seems reasonable (though not inevitable) given his reporting.
3/ My usual caveat applies: I am a law professor. I have absolutely no expertise in police operations whatsoever. I will assume Matt is correct and that this is a real threat.
Read 9 tweets
Feb 9
1/ Court of Queens Bench, Friday. Sankoff J. presiding (fictional obviously - no one is insane enough to appoint me to the bench). "Call the first case!" Clerk: "It's the AG Alberta v "Freedom Convoy"" Sankoff J: "Great, another family law case." [Cue laugh track].
2/ AG Alberta: "Your Honour (I love the sound of that), we're here asking for an injunction that will forbid the freedom convoy from operating near the border and blocking all our commerce." Freedom Convoy: "We oppose!"
3/ Sankoff J: "I'm confused. AG Alberta, what are you asking for exactly? Why do you need authority? You can enforce any time." AG Alberta: "Well, we believe that the police are independent, and we need judicial directions to ensure they act properly."
Read 7 tweets
Feb 9
The first rule of injunctions is that... you do not talk about injunctions. (Sorry. I couldn't resist. Tough day...).
No, the first rule of injunctions is that "the court will generally not grant an injunction for the purpose of enforcing moral obligations or as substitute for the criminal law or quasi-criminal law. There usually must be some property right or some other right infringed."
"When a statute provides a penalty for its breach but is silent as to whether a court may grant an injunction to restrain its contravention, a court must consider the statute as a whole, including its objects, to determine whether the court has such jurisdiction."
Read 5 tweets

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