Edited Excerpt from first link (Coyne, 2 posts above):
To be sure, it is not sufficient that the government sincerely believes this (though it is necessary). It has to have reasonable grounds for this belief: defined by the courts as a “compelling and credible” factual basis. But to be “reasonable,” the government doesn’t have to be right. It just has to be reasonable: something a reasonable person might also believe, given the same information – that is, the information available at the time.
Well, now. Let’s go through the list of conditions. Was it reasonable for the government to believe the situation “seriously endangered the lives, health, or safety of Canadians”? The evidence is overwhelming: the intimidation, harassment and outright assault of bystanders in downtown Ottawa; the multiple open fires, close to propane tanks and diesel cans; the obstruction of critical services; the swarming of police officers attempting to enforce the law, and the resulting unwillingness of police to intervene further; the growing risk of violence, as the protest wore on, between protesters and counterprotesters; the even greater risk of violence if and when the police finally did step in.
There was also the economic impact of the mushrooming blockades at the borders. While the disruption of trade and economic activity, considerable as it was, might not constitute a threat to health or safety in itself, as the judge argued, the consequences of a “serious, sudden, prolonged, and deliberate disruption to economic security and the ability to earn a living” almost certainly would. Was that not precisely the argument of the protesters against vaccine mandates, lockdowns and other anti-COVID measures? And while [this or that blockade, such as at Windsor’s Ambassador Bridge might have been dismantled, there was every prospect of another blockade taking its place – not only at border crossings, but possibly extending to railways or ports – or of the same blockade resuming.
What about the “threat or use of serious violence against persons or property for the purpose of achieving a political, religious, or ideological objective”? Do the multiple explicit threats of violence directed at the Prime Minister, members of his cabinet, the mayor of Ottawa and other officials count? How about the large cache of weapons and ammunition discovered by RCMP officers at the blockade in Coutts, Alta in possession of known extremists, or the presence of similar “bad actors” at other sites? Or the increasingly apocalyptic rhetoric of the protesters and their supporters, including demands to seize power and threats to assassinate public-health officials?
This was, in short, no peaceful, lawful protest. It might have begun that way; most of the protesters and some of the organizers might have preferred it remain so. But it did not. After the first weekend, after the protesters were told to leave and did not, it began to spin out of control. As Justice Rouleau writes, the situation was increasingly “unsafe and chaotic…