In the face of a looming Freedom Convoy-style protest of its own this weekend, New Brunswick has moved swiftly to take what can only be construed as preventative measures.
But observers are questioning whether in making it illegal to organize, participate in or offer other support for such a protest the East Coast province may have driven over a line.
I dont agree at all with what (the protesters are) talking about, but I do like the fact that were in a free country and we have the right to protest, Kerri Froc, associate professor at the University of New Brunswicks Faculty of Law, said Thursday.
Any time that the state tries to tamp down that protest, they have to do so in a way that is reasonable, thats measured, thats proportionate.
The New Brunswick government revised its Mandatory Order for COVID-19 on Wednesday a process it goes through every couple of weeks. This time, though, the move came ahead of a demonstration expected to hit Fredericton this weekend, in a show of support for the convoy now occupying downtown Ottawa to protest vaccine mandates and health restrictions.
Accordingly, there was a new twist to the governments revision of its emergency order. Section 34 now prohibits the full or partial blockading of any roadway in the province and bans the gathering of people along any roadway so as to create a safety risk.
In enforcement terms, the revised order gives police the power to seize any motor vehicle involved in a blockade and to seize any supplies delivered in support of any such blockade. It also gives the province the power to fine individuals $3,000 to $10,000, and to suspend for 12 months the drivers licence of anyone convicted of breaching the section.
The new measures are similar to those implemented in other jurisdictions, said Premier Blaine Higgs. Just prior to the convoy arriving in Ottawa, Nova Scotia enacted a similar emergency measures prohibiting protests blocking or partially blocking highways, specifically citing the highway near the New Brunswick border.
It gives police the ability to act as necessary to avoid a situation like Ottawa, Higgs said.
New Brunswicks revised order, however, also contains a paragraph that bans participation, organization or financing or other support including food, fuel, construction materials and noise making implements for such a protest.
Higgs changed the order while at the same time announcing progressively loosening COVID restrictions for the province because public health data indicated it, not because of the protests, he insisted. He held out the hope, though, that the coming easing of restrictions would take the air out of Fredericton protesters sails.
Im hopeful that protesters who are there for the right reasons will find no reason to be there. And the ones that do show up, we have to question why.
Although New Brunswicks revised orders may ultimately help to fend off the kind of occupation in Fredericton that has paralyzed much of Ottawa, questions have to be asked about both the orders platform and their legality, said Froc.
In the nations capital, anti-COVID restriction protesters have occupied the downtown core for almost two weeks, choking traffic in the downtown core, forcing many of the businesses there to close their doors and until a recent court injunction harassing the citys residents with near-constant horn-blowing.
There have also been reports of harassment of the staff of various businesses, of the desecration of war memorials and of protesters carrying flags with hate symbols, including swastikas.
Ottawa police have been roundly criticized for not being active enough at the beginning of the convoy; protesters got so thoroughly entrenched that police suggested that enforcement of the law is not possible.
The Emergency Measures Act in New Brunswick gives the province wide authority for emergency orders. If emergency measures are in place because of the pandemic, though, the question can be asked whether Section 34, which relates to protests, is closely enough linked to public health to warrant inclusion.
If the protest was about an unrelated subject matter, could these terms still be wedged into the emergency order as it stands now? Froc asked.
Froc said the other question is whether, given that Section 34 prohibits gathering in support of a blockade protest, or any kind of support of that protests, the restrictions are a proportionate response to the threat. The answer has implications not just for the weekend protest in Fredericton, but potentially for other, future protests.
Governments are allowed under the Canadian Charter of Rights and Freedoms to limit rights, but it always has to be in service of an important objective, said Froc. I think weve got that here. (In Ottawa), the evidence there was that the noise level was equivalent to someone running a lawn mower in an apartment. So theres the potential for harm.
But is it proportionate?
That might be difficult to demonstrate in the case of charging people of providing support to a protest, she said. If a person donated $5 to a protest, is it proportionate for them to be fined $3,000 to $10,000, as the order seems to imply?
I think a judge might have some difficulty with that, she said.
Fredericton Mayor Kate Rogers said the concerns that the city has centre not around the anti-vaccine mandate protests, but the convoys that come with it, and the possible repetition of the problems caused by that convoy in Ottawa.
Fredericton police, in anticipation, have beefed up their numbers, calling upon nearby municipal police forces and the RCMP for resources. Rogers said shes been assured that demonstrators will be restricted to an area around the legislature, and the streets of downtown will be kept clear of the convoy.
Certainly everyones been following whats been taking place in Ottawa, said Rogers. Its been going on for a very long period of time, disrupting peoples day-to-day lives, the noise disruption, its impacted businesses, its impacted how people move around the city, which interferes with quality of life.
But it also interferes with public safety and with business. We dont want any of that in our city. Were doing everything in our power to keep that at bay.
JOIN THE CONVERSATION
Anyone can read Conversations, but to contribute, you should be registered Torstar account holder. If you do not yet have a Torstar account, you can create one now (it is free)
Sign In
Register
More here:
- Opinion | U.S. religious freedom effort gets an unwelcome message in Saudi Arabia - The Washington Post - March 20th, 2024 [March 20th, 2024]
- Freedom Caucus urges GOP to reject government funding deal without border reforms - The Hill - March 20th, 2024 [March 20th, 2024]
- The Equal Justice Initiative's soon to open Freedom Monument Sculpture Park - Montgomery Advertiser - March 20th, 2024 [March 20th, 2024]
- Freedom school district to go to referendum April 2 for capital improvements totaling $62.5 million - Post-Crescent - March 20th, 2024 [March 20th, 2024]
- Press freedom in Kenya, Uganda and Rwanda: what journalists have to say about doing their jobs - The Conversation Indonesia - March 20th, 2024 [March 20th, 2024]
- She bought an animal testing site and turned it into a rehab sanctuary - The Washington Post - March 20th, 2024 [March 20th, 2024]
- Young Americans for Freedom said UW-Madison's security fees were 'unprecedented.' Records show that's not the full ... - Daily Cardinal - March 20th, 2024 [March 20th, 2024]
- Responds to Outcome in Ohio GOP Senate Primary - Reproductive Freedom for All - Reproductive Freedom for All - March 20th, 2024 [March 20th, 2024]
- Biden Redefines Freedom and Democracy - AMAC Official Website - Join and Explore the Benefits - March 20th, 2024 [March 20th, 2024]
- Freedom snaps three-game streak of wins at home - MaxPreps - March 20th, 2024 [March 20th, 2024]
- DePauw Faculty Talks Merit Pay, Academic Freedom, Donor Funds, and Event Planning at Monthly Meeting - The DePauw - March 20th, 2024 [March 20th, 2024]
- SC governor: Proposed Medical Freedom Act could place innocent lives at risk - Live 5 News WCSC - March 20th, 2024 [March 20th, 2024]
- Li Yilei recaptures the freedom of childhood through sound - The FADER - March 20th, 2024 [March 20th, 2024]
- The massive copper mine that could test the limits of religious freedom - Grist - March 20th, 2024 [March 20th, 2024]
- Netflix Is Rethinking Employee Freedom, a Core Tenet of Its Vaunted Culture - WSJ - The Wall Street Journal - March 20th, 2024 [March 20th, 2024]
- Freedom Caucus touts bill banning Ranked Choice Voting - Pelican Post - Online Newspaper - March 20th, 2024 [March 20th, 2024]
- Proposed TikTok ban is an affront to economic and personal freedom - The Hill - March 20th, 2024 [March 20th, 2024]
- Chase Freedom Encourages Cardmembers To Celebrate With Family, Given and Chosen, With Q2 2024 Quarterly ... - Yahoo Finance - March 20th, 2024 [March 20th, 2024]
- Baseball Game Recap: Freedom Patriots vs. East Bay Indians - MaxPreps - March 20th, 2024 [March 20th, 2024]
- 'The veils and the women': Can we really advocate for freedom when we are banning them? - LSE Home - March 20th, 2024 [March 20th, 2024]
- Freedom wins going away against Brandon - MaxPreps - March 20th, 2024 [March 20th, 2024]
- Protect the founder of WikiLeaks for the future of press freedom - The Baylor Lariat - March 20th, 2024 [March 20th, 2024]
- Applauds Confirmation of Judge Nicole Berner to Fourth Circuit Court of Appeals - Reproductive Freedom for All - Reproductive Freedom for All - March 20th, 2024 [March 20th, 2024]
- Five Themes Discussed at Princeton's Workshop on Decentralized Social Media - Freedom to Tinker - March 20th, 2024 [March 20th, 2024]
- Meghan Markle Unveils New Brand on Poignant Date with Prince Harry - PEOPLE - March 20th, 2024 [March 20th, 2024]
- Freedom set to open the 2024 season against Torrey Pines (CA) - 69News WFMZ-TV - March 20th, 2024 [March 20th, 2024]
- Texas A&M Creating A Task Force To Work On Academic Freedom - Navasota News - December 28th, 2023 [December 28th, 2023]
- H.S. BASKETBALL ROUNDUP: Freedom teams advance to Christmas tournament title games - Morganton News Herald - December 28th, 2023 [December 28th, 2023]
- Gow cites freedom of expression in defending porn videos which led to his firing as UWL chancellor - WIZM NEWS - December 28th, 2023 [December 28th, 2023]
- Sound Of Freedom: All Updates & Controversies Since It Released - Screen Rant - December 28th, 2023 [December 28th, 2023]
- Im ready for freedom, Gypsy Rose Blanchard says as she gets early release from jail after role in moms... - The US Sun - December 28th, 2023 [December 28th, 2023]
- Turkish Airlines Hasn't Applied For Permission to Operate Crucial Fifth-Freedom Flights From Singapore to Australia - paddleyourownkanoo.com - December 28th, 2023 [December 28th, 2023]
- New ballot language submitted for proposed changes to Arkansas Freedom of Information Act - Mountain Home Observer - December 28th, 2023 [December 28th, 2023]
- The SRFOE calls on States to guarantee freedom of expression as a fundamental right for gender equality and the ... - Organization of American States - December 28th, 2023 [December 28th, 2023]
- Irene Crcoles releases 'Closet', a single that screams freedom - WECB - December 28th, 2023 [December 28th, 2023]
- Sound of Freedom Is Now Streaming: Heres Where to Stream the Controversial Crime Thriller Online for Free - Hollywood Reporter - December 28th, 2023 [December 28th, 2023]
- FIA consider more freedom in technical regulations - The Judge 13 - December 28th, 2023 [December 28th, 2023]
- Texas A&M Academic Freedom Task Force Is Nearing Completion Of Its Recommendations - WTAW - December 28th, 2023 [December 28th, 2023]
- 2023 was a dire year for freedom of speech on campus, says this organization. Will next year be any better? - Fox News - December 28th, 2023 [December 28th, 2023]
- The Spellbinding Freedom of Baldur's Gate 3 - The New York Times - December 28th, 2023 [December 28th, 2023]
- Stream It Or Skip It: Sound of Freedom on Prime Video, the Child-Trafficking Movie That Became a Culture War Flashpoint And Box Office Sensation -... - December 28th, 2023 [December 28th, 2023]
- Rare Mammoth Specimen Unearthed at Freedom Mine near Beulah, North Dakota - Net Newsledger - December 28th, 2023 [December 28th, 2023]
- Frontlines of Freedom TV Ep. 1 | 2023 Year In Review | Gaza | Ukraine | Trump RDI - Renew Democracy Initiative - December 28th, 2023 [December 28th, 2023]
- We need more freedom of speech on campus, but that can't include advocating for genocide - Minnesota Reformer - December 28th, 2023 [December 28th, 2023]
- Freedom, first and last Sonoma Sun | Sonoma, CA - Sonoma Valley Sun - December 28th, 2023 [December 28th, 2023]
- Home for the holidays, from wrongful imprisonment - Star Tribune - December 28th, 2023 [December 28th, 2023]
- The Freedom to Dress Cannot Be Overstated - Highsnobiety - December 28th, 2023 [December 28th, 2023]
- Freedom Town Column: Selectmen's meetings have resumed at the town office - Conway Daily Sun - December 28th, 2023 [December 28th, 2023]
- Did Disney own the rights to Sound of Freedom? - Dexerto - December 28th, 2023 [December 28th, 2023]
- Freedom Fitness 615 is ready to take on new year's resolutions - Lebanon Democrat - December 28th, 2023 [December 28th, 2023]
- Expressing the freedom of self-expression for Holocaust Memorial Day - North Kesteven District Council - December 28th, 2023 [December 28th, 2023]
- Airdate: Jamie Lee Curtis: Hollywood Call of Freedom - TV Tonight - December 28th, 2023 [December 28th, 2023]
- Harry Belafonte Used Fame to Fight for Freedom - The New York Times - December 28th, 2023 [December 28th, 2023]
- Abducted Anambra truck driver regains freedom - Punch Newspapers - December 28th, 2023 [December 28th, 2023]
- OP-ED: Kwanzaa, Freedom, Justice and Peace: Principles and Practices For A New World - Black Press USA - December 28th, 2023 [December 28th, 2023]
- Webinar to give overview of Arkansas Food Freedom Act - Searcy Daily Citizen - December 28th, 2023 [December 28th, 2023]
- Statement to Mark 25th Anniversary of International Religious ... - USCCB - October 25th, 2023 [October 25th, 2023]
- Freedom of Information Act - Health.mil - October 25th, 2023 [October 25th, 2023]
- 'Freedom' to be featured on GS merchandise - Statesboro Herald - October 25th, 2023 [October 25th, 2023]
- Freedom students say they feel safe on campus; social media ... - thepress.net - October 25th, 2023 [October 25th, 2023]
- What kind of freedom? | News, Sports, Jobs - Marshalltown Times Republican - October 25th, 2023 [October 25th, 2023]
- Woman has few hopes for freedom in shaken bay death conviction - Mississippi Today - October 25th, 2023 [October 25th, 2023]
- MFRR Monitoring Report 575 media freedom violations in the first ... - European Centre for Press and Media Freedom - October 25th, 2023 [October 25th, 2023]
- Michigan's Freedom of Information Act Must Be Significantly Reformed - Mackinac Center for Public Policy - October 25th, 2023 [October 25th, 2023]
- Freedom without justice - IPS Journal - October 25th, 2023 [October 25th, 2023]
- Free speech concerns arise in wake of journal editor Eisen's firing - STAT - October 25th, 2023 [October 25th, 2023]
- Salman Rushdie calls for defense of freedom of expression as he ... - Spectrum News 1 - October 25th, 2023 [October 25th, 2023]
- Governor Murphy Sounds the Alarm on Incoming GOP Assault on ... - InsiderNJ - October 25th, 2023 [October 25th, 2023]
- Soloviev Group Announces Affordable Housing Units in Freedom ... - New York YIMBY - October 25th, 2023 [October 25th, 2023]
- North Macedonia Curbed Roma Citizens' Freedom of Movement ... - Balkan Insight - October 25th, 2023 [October 25th, 2023]
- NCT 127: We are limitless but that freedom also has a lot of ... - NME - October 25th, 2023 [October 25th, 2023]
- Academic freedom or state control: Court hearing will consider blocking key higher ed law in FL - Florida Phoenix - October 23rd, 2023 [October 23rd, 2023]
- Salman Rushdie calls for defense of freedom of expression as he receives German prize - Euronews - October 23rd, 2023 [October 23rd, 2023]
- It's Cold War II, and the enemies of freedom are lining up to forge a new world order - The Telegraph - October 23rd, 2023 [October 23rd, 2023]
- Freedom Caucus Urges GOP Leaders To Remain in Washington ... - The Messenger - October 23rd, 2023 [October 23rd, 2023]
- Statesboro: 'Freedom' the Eagle now has his own merchandise - WJCL News Savannah - October 23rd, 2023 [October 23rd, 2023]
- Escaping North Korea: 'Beyond Utopia' documents one path to ... - The Christian Science Monitor - October 23rd, 2023 [October 23rd, 2023]
- PRH, WNDB Launch Freedom of Expression Award - Publishers Weekly - October 23rd, 2023 [October 23rd, 2023]
- Carbondale branch of NAACP hosts 46th Freedom Fund Banquet - The Southern - October 23rd, 2023 [October 23rd, 2023]
- 'Herald favored our freedom of speech' The Durango Herald - The Durango Herald - October 23rd, 2023 [October 23rd, 2023]