Leah West Profile picture
Feb 14 12 tweets 2 min read
In light of CBC reporting let me reiterate the law. For the #emergenciesact to be invoked the Federa Government must consult with provinces and Cabinet must believe the protests rise to the level of a national emergency. What does that mean…
3 For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that
(b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada

AND
and that cannot be effectively dealt with under any other law of Canada.
I have serious doubts that this definition is met. Can it truly be said the security of Canada is threatened by largely non-violent protests? Certainly, our sovereignty and territorial integrity are not at risk.
Moreover the national emergency needs to stem from a “threat to the security of Canada”. This is a defined term under the CSIS act:
threats to the security of Canada means
(a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,
(b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,
(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and
(d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,
but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d). (menaces envers la sécurité du Canada)
Yes there is foreign money coming in, but is it clandestine and deceptive and or a direct threat to someone’s safety or life? I would want to see Cabinet present evidence to that because right now we only have speculative reporting about dollars coming in from US citizens.
Not sure our government is ready to say the US is engaged in foreign influence that threatens Canadian security.

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More from @leahwest_nsl

Feb 14
How can one person write the Emergencies Act doesn’t apply because it doesn’t cover the actions we are seeing one day and then go on television the next day and support it’s invocation?

policyoptions.irpp.org/magazines/febr…
If the legal thresholds are not met Cabinet does not have the legal authority to declare a national emergency. Invoking Canada’s biggest hammer to quash dissent when the legal thresholds are not met is a dangerous precedent to set: one I believe informed Cdns should question.
quote from the author re the Act in this piece from the weekend:
Read 4 tweets
Feb 12
Section 430(4.11)- Mischief relating to war memorials:
Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war,
including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction.
430 (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
Read 4 tweets
Feb 3
There are a lot of not so great legal takes circulating on the possible deployment of the CAF in response to the various #convoy protests. Before clearing up the law, let me just say that my intent is in no way to support the deployment of the CAF, I'm just here to educate.
First- there are two applicable provisions under National Defence Act for dom ops.
1) s. 275, in the wake of anticipated riot or disturbance of the peace that is beyond the powers of the civil authorities to suppress, prevent, or deal with the prov AG can request CAF assistance.
Once request made, the CDS, subject to any directions from MND and in consultation with the affected provinces, shall call out those parts of the CF necessary to suppress or prevent any riot or disturbance.
Read 14 tweets
Jun 17, 2021
Come along with me on a history lesson about NSICOP..
In 2016/7 in the lead up to the passage of the NSICOP Act there were concerns and questions about the maturity of Parliamentarians & their capacity to be entrusted with classified information and not leverage security intelligence for political purposes.
The opposition wanted greater powers for members of NSICOP. Government officials pushed back. The nat sec community feared that classified intelligence and our international alliances that support Cdn intel collection would be endangered by political theatre.
Read 13 tweets

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