Doug Ford government could face court challenge over upcoming anti-blockade bill
Ontario Premier Doug Ford could face a court challenge over promised legislation that would prevent demonstrators from blocking access to critical infrastructure, such as highways, border crossings and hospitals, according to a civil liberties advocate.
In the wake of the blockades at the Ambassador bridge and in the City of Ottawa, Ford declared a province-wide state of emergency on Feb. 11 and promised to codify the new measures into law once the Ontario legislature returns on Feb. 22.
“I'll tell you what will be permanent, we're (not) gonna allow people to block $700 million of trade every single day,” Ford told reporters at a news conference on Friday.
“There's absolutely no way that people are going to go [to Windsor] and block a trading corridor, like the Ambassador Bridge. It's unacceptable”
While the details of the legislation have yet to be revealed, the orders under the Emergency Management and Civil Protection Act (EMCPA) offer insight into how the province would protect critical infrastructure, including the 400-series highways; airports; hospitals; utilities; international and provincial border crossings; ports; railways and COVID-19 vaccine clinics.
The orders give police the power to remove vehicles being used as blockades and “suspend or cancel driver’s licence” or the licence plate portion of the driver’s Commercial Vehicle Operator Registration. Ford promised owners could also be hit with fines of $10,000 and up to a year in jail, although those penalties aren’t specifically outlined in the EMCPA.
The Canadian Civil Liberties Association (CCLA), which is currently challenging the federal government’s use of the Emergencies Act, said the Ford government’s upcoming legislation would be “too broad” and a “knee jerk” reaction to the occupations of the Ambassador Bridge and downtown Ottawa.
“There could be times when those powers don't make any sense, that those powers would be used by police to shut down a protest that really isn't causing the types of disruptions that we've seen in Ottawa,” said Abby Deshman, the director of the criminal justice program with the CCLA.
“That's a very, very unique situation that, frankly, we haven't seen before. So to pass legislation like that, that's so broad on the basis of one example, that could impact all protests going forward is really concerning,” Deshman told CTV News Toronto.
Ford insisted the government would protect the constitutionally guaranteed right to protest, but said his cabinet would still have to deliberate the specifics of the new law.
“I've always said from day one, I’ll always protect the freedoms and liberties of people to go and protest,” Ford said.
The progressive conservative government, however, could find itself gaining support from opposition parties that have tabled their own legislation to restrict protesters from blocking access to healthcare and vaccination settings.
Bill 2, tabled by the Ontario Liberals in October, would create “safe zones” around hospitals, schools and daycares, and protesters who harass employees would face fines ranging from $5,000 to $10,000 and up to six months in jail. The bill never made it past first reading in a legislative process controlled by the Progressive Conservative Party.
The Ontario NDP also proposed legislation in October that would prohibit protests in provincially-designated safe zones, with fines of up to $25,000. That bill was defeated in the legislature by a vote of 46 to 20 – all of the votes against were cast by the Ontario PC Caucus, including the Attorney General.
Joel Harden, the NDP MPP for Ottawa Centre, said the Ford government should have slapped blockading truckers with “immediate and huge economic sanctions on licencing and insurance” and indicated any legislation should prevent similar blockades.
“It should not be appropriate to utilize commercial and personal vehicles to station in the downtown area for 25 days,” Harden told CTV News Toronto.
The CCLA argues, however, that police forces already possess the power to implement crowd and traffic control measures – such as the restrictions in place around Queen’s Park in Toronto – and the ability to tow vehicles that are blocking traffic.
“Police can tow vehicles that are blocking streets,” Deshman said. “If you park illegally, whether it be in the middle of the street, whether it be in a no parking zone, your car can be towed. So that's not a legal problem.”
Deshman said any legislation that limits constitutional rights typically faces court challenges, and said the Ford government could once again find itself being taken to court.
“I would anticipate that if this is too broad, if it's too sweeping and it's not nuanced enough you'd see the similar thing,” Deshman said.
CTVNews.ca Top Stories
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Stamp prices rise for the third time in five years amid financial woes for Canada Post
Canada Post is increasing stamp prices for the third time since 2019, a move the Crown corporation says is a "reality" of its sales-based revenue structure.
NDP calls out Conservatives for effort to squash pharmacare legislation
The federal New Democrats are calling out Conservative Leader Pierre Poilievre and his party for trying to block the bill that could pave the way for millions of Canadians to access birth control and diabetes coverage.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
Ontario MPP asked again to leave Ontario legislature over keffiyeh, Speaker loosens ban
An Ontario MPP was asked again to leave the Ontario legislature on Monday for wearing a keffiyeh, a garment that was banned by the Speaker last month due to its political symbolism.
WATCH Avian flu: Risk to humans grows as outbreaks spread, warns expert
H5N1 or avian flu is decimating wildlife around the world and is now spreading among cattle in the United States, sparking concerns about 'pandemic potential' for humans. Now a health expert is urging Canada to scale up surveillance north of the border.
Trudeau Liberals to unveil new bill Monday aimed at countering foreign interference
Democratic Institutions Minister Dominic LeBlanc will be tabling legislation on Monday aimed at countering foreign interference in Canada. Federal officials have scheduled a technical briefing on the incoming bill for Monday afternoon.
Human remains were found at a former Hitler base, but decay prevents determining the cause of death
Polish prosecutors have discontinued an investigation into human skeletons found at a site where German dictator Adolf Hitler and other Nazi leaders spent time during the Second World War because the advanced state of decay made it impossible to determine the cause of death, a spokesman said Monday.