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.
4/ If the "convoy" had been on the side of the road for a week waving at drivers over the bridge and honking horns, I'd say - "that's democracy in action". Good on them for raising their point and trying to sway opinion their way.
5/ But "protest" is not about taking over critical infrastructure. We have rules. You don't get to protest any way you choose - or you face the consequences. I know this from experience. I represent animal advocates who, not surprisingly, have all been charged when they try....
6/ to protest on private property, to hang signs on public highways, to protest at airports, etc, etc. Balancing rights is a great idea. But I'm not sure how far it takes us. Can they now block the bridge for a day? At their whim? Why?
7/ Can they surround a hospital? Whenever they want? Without notice? Balancing? What the fuck are we talking about???? There's nothing to balance. This is not protest. It's threats. And demands. And action.
8/ The idea that we should balance this as if it's a "legitimate protest" is nonsense. We've seen some degree of legitimate protest in Edmonton, Toronto and Quebec City. They roar into town, honk for awhile, don't shut down critical infrastructue and then get the fuck out.
9/ This is one big reason why I am not a fan of going through the courts. The government has the power to stop illegal action. You want to protest your way? No problem. Just be prepared to pay the price. Assuming the government will make you.
10/ I am tired of all this being framed as one big protest. There's protesting involved, to be sure. But if we keep treating all of this like it's just protest, without consequences, well. Get ready for more. Why should anyone follow the rules?
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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.
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.
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.
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.
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."
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."