Here is where we'll start on our week 3 themes.
This week we looked at the history of protest in Quebec and how it is a stronger force than other regions in Canada. Does the government have the right to suspend our right to freedom of assembly/gathering?
A great area to begin investigating is with the Charter of Rights and Freedoms.
The right to assembly and to gather
ReplyDeleteThe government do not have the right to suspend our right to freedom of assembly and gathering except for certain situations. According to the Canadian Constitution Acts, which states rights and freedoms in Canada, everyone has freedom of association and more importantly, freedom of peaceful assembly. People are legally protected to associate with any groups and have peaceful protests.
The protesters are protected under the Charter, however, this is only the case if the assembly is peaceful or not against the law. The protesters must follow and enforce the law when they protest to not offense other people’s right. Canadian citizens have mobility right, and they have rights to move place to place. If the protesters illegally block the road without properly registering the protest, they are going against the law and not respecting others’ rights.
The video about Quebec protests explained that the police arrested the protesters for nothing. From an objective point of view, we could see that the protesters were out in the streets. If they protested without a permit, what they have done is considered illegal. Also, depending on the province and the city, the protesters need to have permits in order to protest. The police will then set boundaries for the protesters and ensure that the protest does not develop into a riot or a violent protest. Protesters must not damage any properties while they are protesting. It important for the protesters to know that they should always follow certain rules when they protest. The rules make sure that they are respecting other people’s right. If the protesters do not respect the others, there will always be consequences to follow.
There are laws that the people must follow when they are protesting. The Supreme Court has defined that the “freedom of expression does not extend to protect threats of violence or acts of violence. It would not protect the destruction of property, assaults, or other clearly unlawful conduct.” There are some laws in the Criminal Code to define these unlawful conducts: blocking or obstructing a highway, causing a disturbance, common nuisance, interfering with transportation facilities, breach of the peace or imminent breach, offensive volatile substance, riots, unlawful assembly, and mischief. There are also limitations set by municipal and provincial laws. For example, all demonstrations in Ottawa need a permit application to the city of Ottawa. This allows to inform the relevant areas that could be affected before the protest. For example, they could re-route buses or alarm the Fire Trucks about the delays. During the Protest, police should maintain public order and preserve the peace, protect the protesters, and minimize the disruption for citizens. As it is stated in the carter, the government has the right to suspend the right of freedom if the peace and rules are not kept. This is to protect the others’ basic rights as citizens.
Citation:
Mr.Forsyth’s lesson on Quebec protest
https://www.ottawapolice.ca/en/safety-and-crime-prevention/Demonstators.asp
http://laws-lois.justice.gc.ca/eng/Const/page-15.html
https://pencanada.ca/blog/canadians-right-to-protest/
I completely agree! I think suspending that right is okay depending on the circumstance.
DeleteThank you for this, it helped me get ideas and the Charter better.
I agree that suspending this right in certain situations is necessary. When a protest/gathering gets to the point that other people and their rights are in danger, police and the government definitely need to step in.
DeleteThanks for taking part in this discussion everyone!
DeleteHere's a question to consider: If every protest in Ottawa needs a permit in order to protest, why doesn't every other city? Does Barrie need one? Does Flin Flon Manitoba need one? The issue here is this: These laws you are citing are FEDERAL - The Charter of Rights and Freedoms which apply to ALL Canadians regardless of which town they live in. How does a municipal government impose their laws ABOVE the federal law? Isn't this unjust? Does this seem UNconstitutional?
I completely agree with Nigel and Tessa. Reading this made me reconsider my views n protest.
DeleteAssembly
ReplyDeleteYes, the government can suspend our right to assemble and gather, if it A, is unlawful, or B, the protestors have not obtained a permit. However, if a permit has been submitted and approved, and the protestors are not participating in any illegal conduct, then no, the government should not suspend our right.
There are two things I would like to know. One being ‘what are the police thinking when they arrest someone who is peacefully protesting?’ And the other being, ‘what are the protestors who are breaking property and the law thinking?’ For the police, I can understand that there can be a lot of pressure on the police. Also, I recognize that violence can get a lot more attention than a peaceful, organized protest.
Additionally, laws are only laws if they are enforced. The Charter of Rights and Freedoms only means anything because people enforce them. I think that this reason is the key reason why people are so outraged about the false arrests and abuse of police power: because they are the law enforcers. We continue to have rights and freedoms because they’re enforced. However, if the law officers are the ones breaking the law, then does that law, right, or freedom mean anything?
I think that this is a concern for protesters because their rights are only rights when enforced, and they are being violated by the same people who are supposed to be enforcing them. I do not see this as a huge issue in Canada, however, because there are many people in North America who will go public with events such as this, and they can press charges. I think this is much more applicable to developing countries, but it is still worth talking about.
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Sources:
http://laws-lois.justice.gc.ca/eng/Const/page-15.html
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Note: This was pretty opinionated, so I didn’t use many sources...
The two questions you asked, "What are the police thinking when they arrest someone who is peacefully protesting" and "What are the protesters who are breaking property and the law thinking" Are both very thought-provoking questions. Another question I would like to know is "What do police feel when they are protecting an anti-police brutality protest feel?". I have personally attended one and it started off peaceful, but later as tensions grew I thought it was best to leave before things got out of control, police there got very tense as the message of the protesters got warped from "stop police brutality" to "We hate police, they are bullies, leave us alone". Either way, nice work, you had some very valid points.
DeleteThank you, and that is interesting. If you're protesting against police brutality then the police would probably be needed, but that could make the protesters more angry, and it could snowball. All it could take from there would be one person to mess with a police officer, causing the police to take action, possibly making the crowd more disruptive.
Deleteif I was a policeman and i arrested someone at a peaceful protest i would feel horrible and i would wonder why we (police in general) do this.
Deleteand i think that the protesters who break things are only acting like this because they are in a "mob mentality" state
While many innocent and non-violent people get arrested, it is likely that other protesters associated with them were being violent. Even though not everyone was being violent, all it takes is one person to initiate the violence and others will follow, making the whole group appear to be like this.
DeleteThe right of peaceful assembly
ReplyDeleteIn Canada’s Charter of rights and freedoms, there is no “freedom of assembly” right, instead, we have the “freedom of peaceful assembly”. The government does not have the power to take that away from people, and hopefully they never will. Sometimes, there is some confusion between the difference of “freedom of assembly”, and “freedom of peaceful assembly”. The biggest difference, is that if the assembly causes any right of any person to be broken, it is not deemed peaceful.
In Quebec, protests are fairly common, they are a minority, and have a history of being ignored by both english and french speaking countries. More recently, in Quebec, protests are being shut down extremely quickly, which raises the question, is it legal to do so? In some cases, yes, if any property is damaged by protesters, if anyone is injured, and if the assembly was not given permission by the respective government, it can be shut down, and massive amounts of people can be arrested and fined. If the protestors block roads, and haven’t informed the respective government of this event, and had it approved, they would end up restricting the right of mobility of other citizens, and thus would make the assembly “non-peaceful”.
The video about Quebec protests showed us how the police were taking action against the protest very early on, before any damage had been done. This raises another question, should the police be allowed to arrest massive amounts of people because they suspect something may happen? In canada, the answer to that is no, however, they can arrest you if they believe that you have commit a crime. If they see damaged property, and suspect that it was due to the protest, they have the ability to shut it down. If tensions rise, and the police feel as if they are being physically threatened, they have the ability to use force, up to a certain extent. In my opinion, if a protest was registered, and they don’t damage property, police should not be allowed to interfere, police should be there to protect the protestors, and keep people safe. I also believe that it is important that everyone know what their rights are, and the guidelines are of a peaceful protest, as protests are a very important freedom for democracies like Canada.
Sources:
Mr.Forsyth’s lesson on Quebec protests
http://www.theglobeandmail.com/opinion/editorials/the-charter-guarantees-peaceful-assembly/article4186861/
http://laws-lois.justice.gc.ca/eng/Const/page-15.html
http://www.huffingtonpost.ca/2013/03/22/quebec-student-protests_n_2936558.html?utm_hp_ref=quebec-student-protests
http://svan.ca/police-rights/
Excellent clarification of the word "peaceful". I didn't read anything about permission needing to be granted before peaceful assembly took place - is that something that needs to be included now? How can one predict whether an assembly will be peaceful or not?
DeleteI like that comment about suspecting something will happen before it happens. The film "Minority Report" with Tom Cruise raises some great questions about whether people should be charged when they have the intention of commmitting a crime vs. actually committing the crime.
I strongly agree with your post, especially the part about "if a protest was registered, and they don’t damage property, police should not be allowed to interfere, police should be there to protect the protestors, and keep people safe.".
DeleteIt is, however, interesting to note that the police were largely blamed for the property damages sustained during the Toronto G20 from a few years ago. I think that experience taught police that they should anticipate rather than react, thus reducing any violence or property damage. In my opinion, I believe this is the right method to use, as I'd rather a peaceful protest shutdown without any violence, than a violent protest which could result in people being charged with felonies. The property that is vandalised or damaged, as well, could change people's lives, especially if they invested everything they had into those properties.
Police definitely shouldn't feel the need to interfere with protests if they are harmless. They should be aware that any protest could potentially turn violent, but they should only approach it if any violent behavior has been reported.
DeleteDoes the government have the right to suspend our right to freedom of assembly/gathering?
ReplyDeleteNo, the government does not have the right to suspend our right to freedom of assembly/gathering (if it is nonviolent). In Canada’s Charter of Rights and Freedoms under the “fundamental freedoms” section it states the following:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
As b and c state, it is part of our rights as Canadians to express our opinions and beliefs and be able to peacefully assemble. It is infringing on the Rights and Freedoms of Canadians to prohibit citizens from doing so. As long as protests remain nonviolent, the government does not have the right to keep people from doing this. Protests are a good way to share an opinion on something that you would like to change or be improved upon. Without having (nonviolent) protests, citizens would have fewer opportunities to voice their ideas and opinions. This would result in more unhappy people.
Although, as seen in many cases in Quebec, protests can result in damage of property or possibly injuries. If protests get out of hand and people are openly disrespecting laws or other people’s rights, (for example, blocking off a road to protest), then the government and police do have the right to shut it down. The main idea here is that Canadians are allowed to have protests and assemble, it’s part of their rights. The Government can only stop people from doing this if the protest impacts other people’s rights and safety.
http://laws-lois.justice.gc.ca/eng/Const/page-15.html
http://www.lop.parl.gc.ca/About/Parliament/Education/ourcountryourparliament/html_booklet/canadian-charter-rights-and-freedoms-e.html
http://www.lawlessons.ca/lesson-plans/1.3.overview-of-the-canadian-charter-of-rights-and-freedoms
I think the bigger perspective of your post is the violent vs. non-violent. How do the police know which one is which? At one point do the police prepare themselves for potential violence vs. create the violent. There is also a great area to explore - "blocking off a road to protest" Look at the Oka Crisis of 1990 and the Montreal highways and several railways closed. Was that protest legal? If not, was it necessary anyways?
DeleteI believe that more information should be added to my post to make my point more clear and so I can answer those questions.
DeleteDoes the government have the right to suspend our right to freedom of assembly/gathering?
No, the government does not have the right to suspend our right to freedom of assembly/gathering. I believe that it is a necessary right that all Canadian citizens should be allowed to have. Although I think that they should not be able to suspend this right, I think that it should be suspended in extreme conditions. Protests can turn violent sometimes, which is when police need to step in and make sure that no more damage is being done or more people are being injured. If the protest is for a very controversial topic, police should keep a close eye on the protesters, but still allow them to continue protesting. When it is a controversial topic, people are more likely to turn violent if they receive backlash from other people or if they are not getting the response that they were hoping for. Smaller protests, such as local protests about a closing library are less likely to turn violent. If police feel like it is needed for them to stay near protests in case of a violent outbreak, that should be okay. But if the protesters are not doing anything wrong, they should not step in or directly interfere with their protest.
In Canada’s Charter of Rights and Freedoms under the “fundamental freedoms” section it states the following:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
As b and c state, it is part of our rights as Canadians to express our opinions and beliefs and be able to peacefully assemble. It is infringing on the Rights and Freedoms of Canadians to prohibit citizens from doing so. As long as protests remain nonviolent, the government does not have the right to keep people from doing this. Protests are a good way to share an opinion on something that you would like to change or be improved upon. Without having (nonviolent) protests, citizens would have fewer opportunities to voice their ideas and opinions. This would result in more unhappy people.
Although, as seen in many cases in Quebec, protests can result in damage of property or possibly injuries. If protests get out of hand and people are openly disrespecting laws or other people’s rights, (for example, blocking off a road to protest), then the government and police do have the right to shut it down. The main idea here is that Canadians are allowed to have protests and assemble, it’s part of their rights. The Government can only stop people from doing this if the protest impacts other people’s rights and safety.
In the case of the Oka Crisis, the form of the protests may not have been completely legal, but they were very necessary in that situation. Construction for a golf course was being planned to be built on top of indigenous land, which is not okay. The people who lived there have been here thousands of years before Canadians, and they have deceased family members buried in that land. That land is so important to everyone that lives there, and planning to build right on top of that without even discussing it with them is horrible and infringes on so many rights. In this case, I believe that the measures that were taken in protests during the Oka Crisis are understandable.
http://laws-lois.justice.gc.ca/eng/Const/page-15.html
http://www.lop.parl.gc.ca/About/Parliament/Education/ourcountryourparliament/html_booklet/canadian-charter-rights-and-freedoms-e.html
http://www.lawlessons.ca/lesson-plans/1.3.overview-of-the-canadian-charter-of-rights-and-freedoms
http://www.thecanadianencyclopedia.ca/en/article/oka-crisis/
Flooding Across Canada
ReplyDeleteA series of floods in Quebec, Ontario, and British Columbia have devastated Canada. These floods have forced approximately 700 people to evacuate from their dwellings, with more evacuations likely to occur.
Why are these floods suddenly occurring? Well let's look at the historical weather patterns of late April, early May. Usually, Ontario and Quebec receive about 80cm of rain around this time. Over the last few days, however, we have received nearly double of that. Simply put, more rain equals more floods.
"Indeed, what we’re witnessing this weekend is merely the zenith in a series of what began as more localized events last month; several towns in the Outaouais region of Quebec and in low-lying areas around Montreal began evacuating families two weeks ago." (Globe and Mail)
According to officials, river levels around Montreal have increased nearly 10cm overnight.
The situations has prompted officials in Montreal, and surrounding communities, to declare a state of emergency. The Government of Canada has responded by sending 1200 Canadian soldiers to assist in disaster relief efforts. The provincial disaster preparedness department’s war room, which is co-ordinating the relief effort, has been relocated from its usual headquarters in Quebec City to Montreal. East of Ottawa, the community of Clarence-Rockland declared a state of emergency on Friday in anticipation of continuing heavy rain.
Experts are predicting it's only going to get worse. A gigantic, slow-moving storm is making it's way across Eastern Ontario to the Maritimes, with the possibility of 80-100cm of rain.
The combination of the spring melt and recent rainfall has also impacted parts of British Columbia, with flooding and mudslides throughout the province. The City of West Kelowna declared a local state of emergency Saturday to address the flooding, and officials have stated that those at risk have been evacuated.
What both the federal and provincial governments have to answer after the fact is: were they prepared? and: did they do enough?
SOURCES:
http://www.theglobeandmail.com/news/national/in-quebec-and-across-canada-residents-face-rain-rising-rivers-andflooding/article34913687/
http://www.cbc.ca/news/canada/flooding-central-eastern-western-canada-1.4103541
http://globalnews.ca/news/3429056/more-flooding-heavy-rain-expected-for-regions-across-canada/
http://www.cbc.ca/news/canada/montreal/montreal-flooding-highway-20-closures-2017-1.4103924
Flood in Canada
DeleteIt is apparent that many Canadians are being affected by the flood that is happening nationally. I have not known that not only Toronto was affected by the heavy rainfall, but Montreal and British Columbia were also heavily flooded. The flood especially affected the people living near lakes or rivers. Because of my experience of living in cities, the image that I first thought of was drainage systems flooding, but now I can see that the rivers, lakes, and lowlands are actually the main cause. For example, due to the melting ice and precipitation, the Lake Ontario rose 44cm last month. By the start of May, it was 55cm above average for the historical time period. The “large amounts of precipitation this spring have saturated the ground, leaving new rainfall nowhere to go but into rivers and streams and, eventually, the lake.”
From my advanced research, I could find that there was a huge flood in Toronto in 2013, where every infrastructure like roads, railways, and basements were all submerged in water. Linking to Adam’s question on “were they prepared,” I could find that the city officials like Toronto Transit Commission prepared for various scenarios. They had to identify the low-lying areas and made crews standby near the stations related to it. I could also see homeowners barricading their house with a huge stack of sandbags.
I think that the federal government did a great job deploying troops to flooded regions. They are constantly monitoring the epidemic flood crisis in Quebec. Also, the provincial governments are handling the situation well too. Among the provinces, Quebec is suffering the most from the flood. As a response, the Quebec Public Security Minister Martin Coiteux requested for military assistance. He said that the government is on stand-by to handle the emergency. Considering how sudden the flood was, the situation is now under control due to the Government’s readiness. The federal government is also supporting the affected provinces by preparing the standby team and monitoring the flooding.
Citations:
http://www.cbc.ca/news/canada/ottawa/flood-waters-ottawa-gatineau-continue-to-rise-1.4104021
http://www.theglobeandmail.com/news/toronto/toronto-braces-for-major-rainfall-and-possible-flooding/article34896527/
http://www.torontosun.com/2017/05/04/montrealers-surveying-damage-after-floods
http://www.cbc.ca/news/politics/flooding-canada-federal-assistance-1.4100938
Flooding is a large issue that has been around forever. What do you think the government can do right now to help prevent floods or clean up after them?
DeleteProtest
ReplyDeleteProtest: an expression or declaration of objection, disapproval, or dissent, often in opposition to something a person is powerless to prevent or avoid.
Protest is a very powerful tool used to act out and make a point towards a higher authority figure. Citizens in canada have the right to speak, and the right to movement- many people use this tool to create awareness to something that they feel is wrong in the environment.
A protest must obtain a permit to block any roads. If no permit is acquired then protesters must stay along sidewalks and out of pedestrian pathway. Parades and marches that are stereotypically associated with protesting must have a permit or fines will be distributed between the protesters. Police have the right to use tear guns, rubber bullets, and water cannons to disperse an illegal protesting crowd. When protesting, one has to be doing it properly, this includes: no mischief, no destruction of property, no unlawful assembly, no public disturbance. There are many different things that protestors have to be aware of when starting a protest.
Do Canadians really have the right to protest? The right to freedom of speech, mobility freedoms?
http://www.aclu-il.org/aclu-report-when-can-government-require-a-permit-to-protest/
https://pencanada.ca/blog/canadians-right-to-protest/
http://www.dictionary.com/browse/protest
In the case of protests it seems that Canadian rights can be suspended if it does not meet certain guidlines. While the Candian Charter of Rights and Freedoms states that we are allowed to peacefully gather and have the freedom to our thoughts and beliefs, some protests can turn violent and then that right is temporarily suspended because the saftey of other people is endangered.
DeleteAs you said, a permit is needed to to block off roads while protesting, because this affects the rights of other people.
So, in response to your questions at the end, I think that Canadians only really have the right to protest if the government or police do not think it could be harmful.
the CFL is doing an amazing thing that should have been done a long time ago.. bringing both sexes into the game of football. a new commercial came out with a young girl looking through a fence to see a pickup game of football. the guys see her and call her over to play. she slowly comes but in the end she goes in for a touchdown.
ReplyDeletei think this will open an amazing sport the more people and it helps everyone to be seen as equal.
This is definitely a great movement towards equality.
DeleteDoes the government have the right to suspend our right to freedom of assembly/gathering?
ReplyDeleteYes, the Canadian government does have the right to suspend our right to freedom of assembly/gathering. In the Canadian Charter of Rights and Freedoms it states that Canadians have the right to "freedom of peaceful assembly," not just "freedom of assembly." This means that Canadians have the right to gather and protest, but it must remain peaceful with no violence or disturbances to other people.
http://www.cjfe.org/bill_c_51_freedom_of_assembly_and_canadians_ability_to_protest
NOT FINISHED
Your point is true in the case that our rights may be suspended when other people's safety is in danger. while we have the right to "peacefully assemble", violent assemblies are not permitted and the government has the right to stop protesters if their protests get out of hand.
DeleteI agree with the fact that protestors should require a permit, but with one it shouldn't be considered illegal.
DeleteProtesters in Quebec
ReplyDeleteQuebec is the province with the most protesters. Quebecois have historically been the group of Canadians with the highest tendency to revolt. They tend to feel isolated from the rest of Canada due to the fact that they are the only French speaking province in Canada. In 1970, the Canadian government arrested hundreds of people that supported the separation of Quebec from Canada because of the actions taken by the FLQ, a radical separatist group. More than 90% of those arrested were not affiliated with the FLQ’s severe actions and had done nothing illegal.
This should not be able to happen ever again. This is due to the fact that in 1981, the Charter of Rights and Freedoms was signed by the Prime Minister at the time, Pierre Trudeau. In Section 2 of the Charter, it states that everyone has the right to “freedom of expression”, “freedom of peaceful protest” and “freedom of association”. This means that, as long as the protesters weren’t doing anything illegal, protesters in Quebec cannot legally be stopped. I think that it’s a good thing that all people in Canada have the ability to express themselves.
http://www.cbc.ca/history/EPISCONTENTSE1EP16CH1PA4LE.html
http://laws-lois.justice.gc.ca/eng/Const/page-15.html
It is good that we are given the right to express ourselves, specifically through protest. As long as the protests are nonviolent, I think that this right should not be suspended.
DeleteIn Quebec, thousands of people have been affected by floods that have destroyed homes and forced evacuations. These floods are some of the worst to hit Quebec in history, and have been caused largely by global warming.
ReplyDeleteSo far, one (possibly two) people have died, and thousands have been displaced. Entire towns are being forced into emergency relief centres.
Some affected people have chosen to stay, and try to defend their homes from rising water levels rather than flee to safety. While some people have been successful in holding back the water using sandbags and pumps, many more have been forced to give up on their attempts and flee to safety.
As a result of these floods, thousands of dollars worth of damage has been caused to homes and businesses across the province. In response, the government has promised to assist families in repairing any damage to their homes. Money is available for affected families, and people have been sent out to help. Compensation is available for anyone who has been displaced, after the first few days.
While the relief efforts have been somewhat disorganized, with confusion among volunteers and displaced people alike, I think that the government has been right to assist victims of the flood. Many families would be overwhelmed by the cost of repairing their homes, and would have had nowhere to go during the evacuations without the relief centres that were set up. Once the flood is over and the damages have been repaired, the government needs to establish a plan for future disasters like this, so that releif efforts go more smoothly. With global warming becoming an increasing concern, floods like this will only become more common in the future.
https://www.theglobeandmail.com/news/national/quebec-flood/article34916681/
http://www.cbc.ca/news/canada/montreal/quebec-floods-history-timeline-1.4105530
http://www.huffingtonpost.ca/2017/04/21/quebec-flooding_n_16149190.html
You made a good point that global warming will increase flooding, making this an issue that is not going away. It is good for the government to help and support families who have been impacted by the floods, but a plan to decrease the damage of floods needs to be put in action.
Delete