David Raymond Amos @DavidRayAmos
Replying to @DavidRayAmos @alllibertynews and 49 others
Methinks the Crown cannot deny the Federal Court docket in Fat Fred City proves the documents and CD I gave Comeau in 2006 are the same Bryant as Attorney General of Ontario got in August of 2005 N'esy Pas?
https://davidraymondamos3.blogspot.com/2020/06/bill-would-give-police-government.html
#nbpoli #cdnpoli
https://www.cbc.ca/news/canada/new-brunswick/emergency-powers-blaine-higgs-government-1.5607790
Bill would give police, government sweeping power over citizens
Bill would give police authority to stop and investigate someone without reason
· CBC News · Posted: Jun 11, 2020 2:05 PM AT
Public Safety Minister Carl Urquhart "signs" the declaration implementing the Emergency Measures Act in March. (Louis Léger's Facebook)
The Higgs government's plan to give itself, and police, sweeping new emergency powers is facing a wave of criticism, leading a senior official to invite opposition MLAs to propose changes to the bill.
The proposal would let the provincial cabinet suspend provincial laws behind closed doors, without an immediate vote in the legislature, and would also give police the authority to stop citizens and demand identification without any reasons.
A legal expert, a leading civil libertarian and a Saint John municipal councillor all quickly denounced the legislation Thursday morning.
"We're in some very unprecedented territory here," said Nicole O'Byrne, a law professor at the University of New Brunswick.
"This is such a dramatic overreach by the executive to infringe or override the powers of the legislative assembly."
Not good timing
Michael Bryant, the executive director of the Canadian Civil Liberties Association, said the expansion of police power is particularly ill-timed coming in the wake of widespread protests over police treatment of Blacks, Indigenous people and other people of colour."It is a hell of a time for a legislature to be giving to police the racist power to card people," he said. "I'd be shocked if the legislature would pass this provision at this time."
David Hickey, a Saint John city councillor, called the idea "a non-starter. … I'll be doing everything in my power to ensure that [the Saint John Police Department] do not follow this regulation."
Liberal leader Kevin Vickers said he has "huge concerns" with the legislation and his party MLAs will vote against the bill as currently written.
"It allows police to harass and gather information unlawfully by way of carding, a universally denounced practice. What is outrageous about this is the timing of it."
- Michael Bryant, director of the Canadian Civil Liberties Association
Public Safety officials responded quickly to the wave of criticism Thursday morning, telling reporters in a briefing that the amendments merely write into law a variety of measures and powers that the province had been using piecemeal since March.
Public Safety Minister Carl Urquhart declared a state of emergency March 19, giving him the power to make emergency orders to contain the spread of COVID-19.
Under the emergency law, the declaration has to be renewed by the cabinet every two weeks.
Urquhart's bill, introduced Wednesday, will amend the emergency law itself. He said it will allow government to "act in a timely manner [and] enhance compliance with the act, and orders issued under the act."
Deputy Minister Mike Comeau said Urquhart's various emergency orders have already suspended or overridden some provincial laws
.
The changes simply give him "some explicit authority" for those orders and "provide greater transparency on the extent of the minister's authority."
Existing law 'already gives extremely broad powers'
Urquhart's orders, which have been updated frequently, were used to restrict travel, require people to self-isolate if ordered by a doctor, order restaurants to close dining rooms and ban landlords from evicting tenants for non-payment of rent.Comeau cited those restrictions as examples of how the existing law "already gives extremely broad powers" to the minister. "Where that's going to happen, it's better to have legislative oversight."
He noted that under the amendments, any cabinet order suspending a provincial law must be upheld by the legislature within 30 days.
"We're comfortable that all of those [measures] were necessary for public safety and public health .. and we're comfortable they're all valid exercises of the minister's existing authority."
Deputy Minister Mike Comeau said some emergency orders have already suspended or overridden some provincial laws. (CBC)
Another section of the bill would ensure people providing essential services during an emergency can't be held legally liable for any damages resulting from that.
The amendment on suspending legislation says cabinet can "suspend the operation of or amend or supersede" any section of a provincial law or municipal by-law. Fourteen provincial statutes are exempt from its application.
"Now that might be efficient," O'Byrne said. "However it contravenes the last 400 years of parliamentary democracy."
The amendment on police officers and other peace officers, such as provincial enforcement officers, would give them the power to require "a person to stop in order to investigate whether or not there has been a violation" of the emergency order or act.
A Detroit protester holds a photo of George Floyd, who was killed in police custody in Minnesota, in a case that has launched nationwide protests and prompted criminal charges. (Sylvia Jarrus/Reuters)
The officer "may require the person to provide documentation as part of that investigation."
"It allows police to harass and gather information unlawfully by way of carding, a universally denounced practice," Bryant said. "What is outrageous about this is the timing of it."
Comeau said officials drafted the bill while "fully appreciating the potential for concern and people's sensitivity to broad policing powers" in the wake of protests sparked by the police killing of George Floyd.
A protest against police violence in Moncton where more than 350 people gathered to hear organizers speak and chant slogans like 'Black lives matter' and 'No justice, no peace.' (Guy LeBlanc/Radio-Canada)
He said the aim was to clarify the roles of enforcement officers screening people at the New Brunswick border.
He said most of them are conservation officers or vehicle inspection officers who have "stepped into roles that didn't exist to enforce measures that didn't exist" before the pandemic.
Comeau encouraged MLAs who believe the change is too broad to introduce amendments "that might bring this more clarity" during debate on the bill in the legislature.
Legal challenge likely if bill comes to law
The suspension of provincial laws would last until the end of the state emergency, unless the legislature met within 30 days of the cabinet order to set a different expiration date. The police powers would be in place until the end of the emergency.The amendments to the act would remain in place after COVID-19 and would be available for governments to use in future emergencies, Comeau said.
Nicole O'Byrne, a law professor at the University of New Brunswick, says it's unwise for government to amend emergency powers in an emergency. (CBC)
O'Byrne says it's unwise for a government to amend emergency powers during an emergency.
"That leads to very, very bad decision-making, because you're not thinking about the bigger picture like the rule of law. You're just having knee-jerk reactions, and I think that is what is happening here."
Bryant said his organization will likely launch a legal challenge to the expansion of police powers if the bill becomes law.
Section 8 of the Charter of Rights and Freedoms says that Canadians have "the right to be secure against unreasonable search or seizure."
About the Author
352 Comments
Commenting is now closed for this story.
David Amos
Methinks some folks must have figured out by now that I was not joking about Higgy's Police State N'esy Pas?
David Amos
"Section 8 of the Charter of Rights and Freedoms says that Canadians have "the right to be secure against unreasonable search or seizure."
Methinks Urquhart's Deputy Minister Mike Comeau and the RCMP will finally get to explain to me real slow on the Public Record why the Fat Fred City Finest illegally seized my 1965 Harley in 2007 then lost it N'esy Pas?
Ray Oliver
Reply to @David Amos: They won't be telling you a thing I hope its parked in Comeaus garage right now
Leroy Albertson
Reply to @David Amos: if you are in Canada. You have no rights to own your property enshrined in our constitution, or Charter. Even the clothes on your back are only there because the crown has looked benevolently down upon you. It is only a matter of time before they decide to take what is theirs.
Ron Willis
Reply to @Leroy Albertson: Unfortunately that’s true. Thank that other dilettante Trudeau I and his flawed constitution.
David Amos
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Methinks there is another hoedown coming to Federal Court in Fat Fred City Its docket already proves the documents and CD I gave Comeau in 2006 are the same Bryant as Attorney General of Ontario got in August of 2005 N'esy Pas?
David Amos
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"Deputy Minister Mike Comeau said Urquhart's various emergency orders have already suspended or overridden some provincial laws."
Of that I have no doubt
Methinks Mikey and I are gonna have quite a hoedown in Federal Court Perhaps Comeau should check the docket and review what I gave him in 2006 and our conversation about it back then Higgy et al cannot deny that was while his current boss Urquhart was still a member of the Fat Fred City Finest and Higgy worked for the Irving Clan More importantly the lawyer Michael Bryant cannot deny that he got exactly the same pile of documents and CD in August of 2005 byway of registered US Mail (signature required) when he was the Attorney General of Ontario N'esy Pas?
Sylvio C Boudreau
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What do you call 100 conservative politicians up to their necks in cement?
Not enough cement.
James Edward
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Reply to @Sylvio C Boudreau: seems like a threat?
Sylvio C
Boudreau
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Reply to @James Edward: lol what?? It’s a joke. N’esy pas?!
David Amos
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Reply to @Sylvio C Boudreau: I concur
Sylvio C
Boudreau
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Reply to @James
Edward: a joke from a joke book you would purchase at the drug store.
Relax. Do you feel threatened by that for real??
Sylvio C
Boudreau
Content disabled
Reply to @James Edward: if I could, I would delete it before ya melt.
David Amos
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Reply to @Sylvio C
Boudreau: What the difference between a crooked government lawyer in Fat
Fred City and a tornado up on the Hanwell???
Nothing sooner or later one of them will get your trailer.
Methinks Cardy and his buddy little Lou will never admit that joke is my creation N'esy Pas?
Nothing sooner or later one of them will get your trailer.
Methinks Cardy and his buddy little Lou will never admit that joke is my creation N'esy Pas?
Sylvio C
Boudreau
Content disabled Reply to @James Edward: this forum is a joke.
Roland Stewart
He's been watching to much Trump TV.
David Amos
Reply to @Roland Stewart: We all have
Graeme Scott
Major over reach and the timing couldn't be any worse. Complete political fumble by the PC's. it's a shame as i thought they were doing fairly well but this is waaaaay over the line.
David Amos
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Reply to @Graeme Scott: Methinks higgy aka Humpty Dumpty is about to suffer a great fall N'esy Pas?
June Arnott
Reply to @Graeme Scott: it is a shame, he was doing so well during the pandemic
Bob Smith
Sounds like high ranking police folks were talking to the gov't about this. I remember years ago, the federal government of the day, at the behest of police chiefs, tried to make legal for police to enter a home without a warrant. It didn't fly then and I doubt this will go forwards either.
David Amos
Reply to @Bob Smith:
The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter — all his force dares not cross the threshold of the ruined tenement!
The Right Honourable William Pitt, 1st Earl of Chatham (
Speech on the Excise Bill, House of Commons (March 1763)
The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter — all his force dares not cross the threshold of the ruined tenement!
The Right Honourable William Pitt, 1st Earl of Chatham (
Speech on the Excise Bill, House of Commons (March 1763)
Kyle Woodman
Just shows how tone deaf Conservatives are. Tell me again about gun rights and government overreach.
David Amos
Content disabled
Reply to @Kyle Woodman: What would be the point?
Methinks you only hear what you want to hear anyway N'esy Pas?
Methinks you only hear what you want to hear anyway N'esy Pas?
Ray Oliver
Reply to @David Amos: Coming from you that's quite some well delivered irony isnt it?
Johnny Almar
Hearing rumblings that the NB government is going to stop releasing new COVID-19 numbers by zone. May even stop reporting all together unless it’s to shut down regions.
David Amos
Reply to @Johnny Almar: Who cares?
June Arnott
Reply to @Johnny Almar: that would be so wrong, however, the way Zone 5 is being treated is horrid. No reason for us turning on each other, What if it were Moncton?? Would they close us all in?
Jeff LeBlanc
Alright...even I will admit this is going way too far. Thankfully NB is too poor to fight this in court...if it ever gets there. Hoping cooler heads prevail and it doesn't pass into law. Higgs you were doing good but you are starting to show some major cracks here.
David Amos
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Reply to @Jeff LeBlanc: Cry me a river
John Grail
Seems like NB's government is really trying to portray itself as authoritarian. This bill, closing borders, forcing people to stay home, forcing vaccinations of children, etc.
David Amos
Reply to @John Grail: Methinks that because it is a Police State they just proved it tis all N'esy Pas?
SarahRose Werner
By me, the laws *as they currently exist* have been well applied during the current emergency. I don't see the need to pass new laws that give the government and police even more power.
David Amos
Content disabled
Reply to @SarahRose
Werner: Oh My My Methinks I should ask you why you lost faith in Higgy
et al all of a sudden? After all its not like his Police State was
unknown to you and your cohorts N'esy Pas?
Johnny Almar
They are already backing down. CBC late to the party again.
David Amos
Reply to @Johnny Almar: Methinks you know as well as I why thats par for the course N'esy Pas?
Douglas James
It is a non-starter.
David Amos
Reply to @Douglas James: Don't bet on it
Tony Mcalbey
My oh my oh my what is Higgy gonna come up with next
David Amos
Reply to @Tony Mcalbey: Slavery perhaps
Terry Tibbs
Reply to @David Amos:
Already has, they are called TFWs.
Already has, they are called TFWs.
David Amos
Reply to @Terry Tibbs: You have a point
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