Thanks Anita, great interview! The reactions of participants in the court case is something you can't get from reading the judge's decision.
Two aspects of the decision itself that stood out to me are:
1) the judge all but urged the government to amend the Emergencies Act, to change the definition of "threat to security of Canada" by removing the reference to the CSIS Act which has specific criteria. He said if that had not been there, he could have granted the Cabinet much more latitude in saying that a threat existed.
2) neither Judge Mosely (nor the Rouleau Commission whose report he read) considered (or allowed any consideration that) the protests might be justified to stop the government causing harm. They lumped all protestor information contrary to what public health officials were saying together as misinformation, implicitly taking "judicial notice"* of government statements. Thus protestors' offers to meet with federal government officials to discuss the reasons for the convoy and negotiate were not even considered as an alternative prerequisite to invoking violent police powers or the Emergency Act.
Thanks Anita, great interview! The reactions of participants in the court case is something you can't get from reading the judge's decision.
Two aspects of the decision itself that stood out to me are:
1) the judge all but urged the government to amend the Emergencies Act, to change the definition of "threat to security of Canada" by removing the reference to the CSIS Act which has specific criteria. He said if that had not been there, he could have granted the Cabinet much more latitude in saying that a threat existed.
2) neither Judge Mosely (nor the Rouleau Commission whose report he read) considered (or allowed any consideration that) the protests might be justified to stop the government causing harm. They lumped all protestor information contrary to what public health officials were saying together as misinformation, implicitly taking "judicial notice"* of government statements. Thus protestors' offers to meet with federal government officials to discuss the reasons for the convoy and negotiate were not even considered as an alternative prerequisite to invoking violent police powers or the Emergency Act.
* What is judicial notice? example at https://canliiconnects.org/en/commentaries/89421