There doesn't appear to be a lawful authority to close Toronto to the public or to demand ID outside of the War Measures Act. Am I missing something or should we be expecting a proclamation?
I'm not sure -- I have inquired without answer -- I do not see any legal authority to close off public streets or to demand people submit to searches or produce ID. It is very curious.
This reminds me of the videos I saw on YouTube of US immigration officers asking the citizenship of people 50 or 85 miles north of the US-Mexico border. Some smart locals with video cameras realized that people do not have to give their citizenship north of the border, and do not have to have their cars searched or inspected in any way.
In Toronto, I think it will be difficult legally to distinguish someone wanting to go shopping in the outer zone and someone else who wants to protest. I do think that the inner zone will be upheld by a court as we already have "bubble laws" on protests around abortion clinics. I think the courts will deem the inner zone as being reasonable.
I suppose that if somebody pushes it, we'll get a proclamation. But it appears that Harper is managing, as he always has, with de facto if not de jure, authority. And there's been nobody to stand up and challenge him on it...
The bubble laws at valid because they were considered reasonable and proportional limitations in court, fully debated in parliament and codified in a law.
What about the TO bubble? It's all secret. The law authorising it: secret or non-existant. The debate in parliament about any limitations? didn't happen. The tests of proportionality? Where are they?
12 comments:
Now that's interesting. Does that mean the Govt. & security agencies, like the RCMP, are breaking the law?
Harper's Law of course.
Penlan,
I'm not sure -- I have inquired without answer -- I do not see any legal authority to close off public streets or to demand people submit to searches or produce ID. It is very curious.
james
Might it be deemed a 'police emergency'? As when streets are cordoned off at crime scenes?
Mayhaps when President Bush killed habeas corpus in the USA the effects were also international.
This reminds me of the videos I saw on YouTube of US immigration officers asking the citizenship of people 50 or 85 miles north of the US-Mexico border. Some smart locals with video cameras realized that people do not have to give their citizenship north of the border, and do not have to have their cars searched or inspected in any way.
In Toronto, I think it will be difficult legally to distinguish someone wanting to go shopping in the outer zone and someone else who wants to protest. I do think that the inner zone will be upheld by a court as we already have "bubble laws" on protests around abortion clinics. I think the courts will deem the inner zone as being reasonable.
Skinny Dipper,
That makes sense, especially the "bubble laws".
I probably should have typed "bubble zones." I think you get the idea anyway.
I suppose that if somebody pushes it, we'll get a proclamation. But it appears that Harper is managing, as he always has, with de facto if not de jure, authority. And there's been nobody to stand up and challenge him on it...
What an interesting observatin James. I hope you'll follow up on this. I'm very interested, and it seems others are interested as well.
http://en.wikipedia.org/wiki/Emergencies_Act
Think it's called the emergencies act now.
With whom did you enquire about it?
The bubble laws at valid because they were considered reasonable and proportional limitations in court, fully debated in parliament and codified in a law.
What about the TO bubble? It's all secret. The law authorising it: secret or non-existant. The debate in parliament about any limitations? didn't happen. The tests of proportionality? Where are they?
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