Mike, el Moose

[Brook Ward @brookwardsports]

Mike Gillis wanted a rebuild. They got rid of him.
And here we are.
Trevor Linden wanted a rebuild. They got rid of him.
And here we are.
Canucks Owner can't handle the truth.
So here we are.

[Jason Kenney 🇨🇦🇺🇦🇮🇱 @jkenney]

This is a massively under reported scandal.

The Immigration and Refugee Board has been rubber stamping tens of thousands of asylum claims without doing even a cursory examination of them.

This massively undermines the integrity of Canada's immigration system, and has created a pull factor that is partly responsible for the enormous surge in asylum claims.

In 2010 I implemented bold reforms to Canada's asylum system. Together with discrete visa impositions, we reduced the number of asylum claims by 80%, leaving only 10,000 pending claims when the Liberals took office in 2015.

There are now over 300,000 pending claims, while the IRB's approval rate has roughly DOUBLED from ~40% to ~80%.

James Youssif was my policy advisor who helped to design the successful 2010 reforms. He has since worked at the IRB, and in this @globeandmail column, he brings receipts: https://t.co/nPRMbO9vJU

[Mayor Ken Sim @KenSimCity]

We fully stand with Vancouver dog owners in opposition to Metro Vancouver's proposed new restrictions to off leash areas in Pacific Spirit Park.

I will be writing a letter to Metro Vancouver's parks committee calling on them to vote down this shortsighted proposal.

[Mike, el Moose @Mike_el_Moose]

The Vancouver #Canucks may never win again. #tankcommanders

[Mike, el Moose @Mike_el_Moose]

@mattsekeres Yes, unfortunately.

[Mike, el Moose @Mike_el_Moose]

@DefiantLs The Eugene Emeralds baseball team even have Exploding Whales alternate jerseys to commemorate!

https://t.co/TT3FGWONV6

[Tim Thielmann @timthielmann]

In the wake of a recent threat by @vicpdcanada to arrest Rabbi Lynn Greenhough @KolotRabbi for standing in the path of Victoria’s pro-Palestine demonstrators, I thought it might be helpful to share some legal information that may be of interest to police, organizers, and the public. I’m going to set aside the potential hate speech and terrorism criminal code offences for now and ask whether the demonstrators’ Charter rights to free expression mean police are obligated to allow the ongoing obstruction of public roads.

1. What is happening?

Demonstrations in Victoria began the week after the October 7th massacre by Hamas and have persisted for the past 15 months. After speeches at the Legislature, organizers lead a crowd of demonstrators northward up Government Street and along other busy Victoria streets. Police regularly meet with organizers to plan routes and then accompany demonstrators for the duration of the march.

2. The Criminal Code

It is a criminal offence to block or obstruct a highway in order to compel or stop others from doing or not doing something they are otherwise entitled to do:

423 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
(g) blocks or obstructs a highway

“Highway” is defined in the criminal code as a road to which the public has the right of access (Coastal Gaslink Pipeline v. Huson, 2019 BCSC 226 , para 170).

It is also a criminal offence to obstruct, interrupt, or interfere with another person’s use, enjoyment, or operation of property:

430(1) Every one commits mischief who wilfully
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

The marches block and obstruct motorists from carrying out their own lawful activities. They interrupt and interfere with the rights of cyclists and motorists in the use and enjoyment of their vehicles. It may also impede first responders, families driving to emergency rooms, or other critical and lawful activities requiring the use of Victoria roads.

There is no question that these marches violate sections 423 and 430 of the criminal code.

3. What about the Charter?

Is the Charter right of free expression a defence to enforcement actions against what would otherwise be criminal obstructions of roads? R. v. Breen, 2023 BCPC 84, a recent British Columbia Provincial Court judgement, addresses this very question.

In R. v. Breen, Nanaimo RCMP had arrested two protesters for temporarily blockading a highway and interrupting traffic in order to express their opposition to old growth logging. The court reviewed the relevant constitutional case law and rejected the protesters’ Charter defences. Let’s walk through the three steps in the court’s analysis:

a. The content of the expression: in that case, there was no issue with the content of the speech, as it pertained to provincial forest management policy. However, in our situation, anti-Zionist demonstrators regularly praise terrorists and chant slogans such as “globalize the intifada” and “there is only one solution intifada revolution” which may constitute hate speech. So, the demonstrations could fail to qualify as protected free speech and therefore fail as a defence to the criminal code offenses on this ground alone.

b. The method and location of the expression: In R. v. Breen, the court noted that the blockade was on a public road and that it interfered with other motorists, as well as the fact that it could have been held in less obstructive locations. It was obvious in R. v. Breen, as it is in Victoria now, that protesters were obstructing traffic intentionally to target their desired audiences. However, the court in R. v. Breen rejected this reasoning, drawing from an Ontario case cited by our own court of appeal which had denied the rights of pro-life activists to protest outside of an abortion clinic for this same reason. The underlying principle is this: “the right of freedom of expression does not include the right to a captive audience”. Put another way, you may have the right to speak, but we also have the right not to listen.

These factors weigh even more heavily in the case of Victoria’s demonstrations. Organizers regularly target specific businesses believed to support Israel or Zionism. They stop traffic at intersections downtown to give speeches on megaphones to captive audiences of motorists and pedestrians. There is no reason why demonstrators could not remain on the Legislature grounds but for their desire to take these nonconsensual audiences hostage. As in R. v. Breen, a court would very likely deny that the marches are a form of Charter-protected free expression.

c. Justification of Infringement: Even if an enforcement action infringes a Charter right, that infringement can be justified under section 1 of the Charter if that action is a reasonable limit on the right justifiable in a free and democratic society. In R. v. Breen, the court found that even if the blockade had constituted a form of free expression, the arrests would have been justified because there was no practical alternative that would have reduced the impairment of the blockaders’ rights of expression.

The arrests in R. v. Breen would have been justified despite the blockade having been a one-time occurrence lasting only a few hours. In Victoria, Police notices typically warn of traffic disruptions of about 4 hours and these disruptions have now occurred weekly for approximately 15 months. To my knowledge, this is a degree of public disruption that is unprecedented in our history as a city.

Are there practical alternatives to arrests? That is hard to determine for the sole reason that police have been enabling the commission of these offences rather than attempting to prevent or enforce them. Their ongoing accompaniment of demonstrators, and apparent acts of intimidation against counter-protesters, display a concerning disregard for their fundamental responsibilities to uphold the law.

One further fact worth noting is that organizers could have sought to obtain special events permits to lawfully authorize road closures, as other organizations such as the Victoria Pride Parade are rquired to do. However, to my knowledge permits have not been sought or obtained by organizers at any time in the last 15 months.

R. V. Breen has been cited with approval as recently as last year by the BC Provincial Court in R. v. George-Jim 2024 BCPC 186, which referred to several other cases across Canada in which civil unrest and public obstruction were found not to qualify as protected forms of free expression.

4. Conclusion: Time for Prevention & Enforcement

It would appear to be obvious that the ongoing obstruction of motorists and pedestrians by Victoria’s anti-Israel demonstrators are unlawful and are not protected forms of free expression. Victoria Police should immediately cease enabling these criminal offences and instead take appropriate prevention and enforcement actions. This includes:

a. Inform organizers and the public that it is a criminal offence to obstruct public highways and motorists and that the organization of marches through Victoria’s downtown must cease immediately.

b. Encourage organizers to obtain permits for protests at the Legislature or other permitted locations.

c. Inform organizers and the public that arrests will be made if obstructive marches through Victoria continue.

From my perspective the enablement of these blockades by law enforcement is disgraceful. It ought to stop immediately to restore public confidence in the administration of justice and the rule of law.

NOTICE TO READER:

This post is NOT legal advice. If you are involved in any way, consult a practising lawyer.

This information is not new. I provided an earlier version of this summary to @ChiefManak and Attorney General of BC @NikiSharma2 in March of 2023.

Please feel welcome to identify any errors or oversights in the above information or to share it if you find it helpful.

Photo credit: @CharlesBodi

[Mike, el Moose @Mike_el_Moose]

Railway bridge fire in Richmond. Same CPR bridge that burned in 2014? #richmondfire

[Mike, el Moose @Mike_el_Moose]

@justBlakePrice @patersonjeff Guess I’m saying the comments about Pettersson seem to be more expressing concern (like jeez, is he injured?) as opposed to anger (like why are we paying bum all this money to do nothing!). But I don’t get much news under my rock.

[Mike, el Moose @Mike_el_Moose]

@patersonjeff Why is everyone so quiet about Pettersson? I would have thought the first question at every press conference and all the radio time would be “What’s wrong with Pettersson?”

[Michael Geist @mgeist]

Online Harms Act has real problems once it shifts from Internet platform rules. The Ministerial and PMO staff response to criticism - essentially telling @MargaretAtwood or ex-SCC chief justice they don’t know what they’re talking about - isn’t helpful.
https://t.co/BWSKGiGtAV

[Mike, el Moose @Mike_el_Moose]

@TristinHopper It’s tough to think of two policies that in combination are less palatable than failing to provide adequate health care combined with expansion of euthanasia.

[Mike, el Moose @Mike_el_Moose]

@BCFerries Any update on ferries today between Campbell River and Quadra Island? Thank you!

[Stephen Gordon @stephenfgordon]

"I would like some private health care; here is my money"

"Sir, this is Canada. We insist on public health care."

"Apologies. May I have some public health care?"

"No"

[Jesse Zeman @JZThinAir]

The data tells the story.

[B.C. Wildlife Federation @BCWildlife]

“B.C.’s history of fire suppression and outdated forest management has turned our forests into a tinderbox that grows more dangerous every year,” wrote the B.C. Wildlife Federation’s Jesse Zeman in a recent critique of Canadian fire policy. https://t.co/OZ1hnEi6md

[Ben Rabidoux @BenRabidoux]

Canada's population grew by 1.2 MILLION people in the past year as of Q2.

All for thoughtful immigration, but this is an absurd, crazy, irresponsible number.

[Mike, el Moose @Mike_el_Moose]

@ThomasDrance @CapFriendly Thank you Jim!

[Jesse Zeman @JZThinAir]

With wildfires popping up in BC (in June!) and lots of chatter this is probably worth a cut and paste.

https://t.co/EtloxL1Jdk

[Eddie Petryshen @eddie_petryshen]

"B.C. has been so focused on cutting down and selling trees, it has failed to account for the costs of fire suppression, loss of biodiversity, food security and tourism. "

"Until we overhaul forest management, raging wildfires and smoky skies will become the norm."