this post was submitted on 23 Jan 2024
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I dunno, on the whole I'm pretty happy about this ruling.
The "trucker" convoy was a sad and pathetic tantrum thrown by the absolute worst members of our society, but it never actually strayed into "storming parliament" like shit did South of the border. While I absolutely love the idea of those assholes being slapped down for their bullshit, I also worry that any tool used against them can just as easily be used against anti-fascist, anti-capitalist, or anti-climate-destruction protests (to name just a few examples). I'm not a "free speech absolutist" and I do believe we can draw lines between allowable and unallowable speech (Popper's paradox of tolerance, yada yada), but i also think we need to be very careful about clamouring to restrict methods of protest just because they're being used by people we don't like.
On the whole, I think it's probably good and healthy for our democracy for the government to be found in the wrong on this one. I also don't think it actually reflects all that badly on them given that, as the judge took pains to acknowledge, hindsight is 20/20. Jan 6th really hung over the whole thing in a big way that definitely influenced choices made.
This wasn't really about free speech though, it was about actions and if you blockade a city, waiting for the PM to resign, you should be not allowed to do that. If the Ontario Police Force or Ottawa Police did their job at enforcing rules, the Feds wouldn't have done anything.
What's the limit on protesting? Can we all form a blockade around Pierre's house and shout loudly until he quits as leader of the CPC?
Well if you are indigenous you can have RCMP bash in your door with an axe and arrest you without a warrant, because you are a protestor. And also arrest media trying to film removing protestors. But white truckers are fine to do what they want.
I think the question is how far along you are to the October crisis before the emergencies act can be deemed to be constitutional? Does it take one murdered minister to invoke it? Or should it be invoked before it happens?