Federal Minister threatens to use Army against pipeline protesters!?

[FJAG]

Sorry I'm late joining this thread. I've been having some problems getting into the Forum the last two days.

Subject to my usual "I'm a few years retired now" caveat -- here goes.

There are several legal provisions under which CF personnel might be used in these (somewhat vague) circumstances.

1.  Aid of the Civil Power is a situation where a provincial civil authority is faced with a riot or disturbance of the peace which is beyond its powers to suppress, prevent or deal with. In such a circumstance the provincial attorney general issues a requisition under Part VII of the NDA in a prescribed form directly to the CDS (no federal minister is required to be consulted although in practice they usually are). The CDS must respond by calling out such part of the CF as he considers necessary to suppress or prevent the riot or disturbance. CF personnel at all times remain under military command and remain called out until the civil authority concludes that CF assistance is no longer required.

2.  Under s 273.6 of the NDA, the GiC or the MND (on the request of the Solicitor General or any other minister) may authorize the CF to perform any duty involving public service that is military in nature and that is in the national interest and that cannot be effectively dealt with without CF assistance. Note the difference from ACP is that the provision is broader that riot and disturbance and can be initiated at the federal level without a provincial attorney general requisition. This provision has been and is being used for a variety of situations such as assistance to fisheries enforcement, assistance to federal penitentiaries, CF Armed assistance to the RCMP (CFAADs), CF assistance to provincial police forces (CFAPPFDs) and various MOUs such as assistance to RCMP re drug ops, surface ships and aerial surveillance re fisheries, environmental emergencies response.

3. Emergencies Act The Act is very broad in nature and includes various types of emergencies including "public order" ones. Emergencies must be ones which are urgent, critical ones of a temporary nature that seriously threaten the public safety, health or lives of Canadians and are of such scope as to be beyond provincial capacity or are ones which threaten Canadian sovereignty, security or territorial integrity. It generally would not apply in situations such as lawful dissent or protest. The Act is triggered by a GiC declaration.

The various provisions above are complex and nuanced and I'd be hard pressed to describe what is being contemplated in the article although I think I can reasonable say that it wouldn't be the Emergencies Act. Which of the other two remedies are being contemplated would really depend very much on the circumstances and the provincial/federal agencies involved/effected.

:cheers:

 

[Retired AF Guy]

Here is a link to a paper written by Sean M. Maloney that gives a good history of military Aid-to-Civil Power in Canada.

The paper originally appeared in "PARAMETERS, US Army War College Quarterly, Autumn - 1997, pp. 135-52."

 

[FJAG]

:goodpost:

Maloney's paper is an excellent precis of all three circumstances under which military forces can be used to operate on domestic operations -- note that it goes beyond just Aid to Civil Power and also covers s273.6 assistance and War Measures/Emergencies Act provisions and examples.

:subbies:

 

[Kirkhill]

Non-peaceful pipeline protests will be met by police and military, federal minister tells Edmonton business leaders

http://edmontonjournal.com/news/local-news/pipeline-protests-will-be-met-by-police-and-military-federal-minister-tells-edmonton-business-leaders

Guns in the street.  Indeed.

 

[daftandbarmy]

http://edmontonjournal.com/news/local-news/pipeline-protests-will-be-met-by-police-and-military-federal-minister-tells-edmonton-business-leaders

Guns in the street.  Indeed.

Back when we had boots that didn't create friendly casualties

 

[The Bread Guy]

http://edmontonjournal.com/news/local-news/pipeline-protests-will-be-met-by-police-and-military-federal-minister-tells-edmonton-business-leaders

Guns in the street.  Indeed.

More like guns in the woods, based on where the pipelines'll be.  Still, Jr. doesn't strike me as cut from the same jib as the "just watch me" Sr.

 

[FJAG]

http://edmontonjournal.com/news/local-news/pipeline-protests-will-be-met-by-police-and-military-federal-minister-tells-edmonton-business-leaders

Guns in the street.  Indeed.

I was there as a brand spanking new subbie running my troop in south Montreal.

Walking around one of our major cities wearing combats, webbing, a helmet and carrying a loaded pistol was a strange feeling indeed.

:subbies:

 

[The Bread Guy]

A bit of "clarification" from the minister in question ...

Natural Resources Minister Jim Carr says his comments about the possible use of "defence forces" or police during future protests over pipeline projects approved this week by Ottawa weren't meant to be read as a threat.

"There is no warning intended," Carr told CBC Radio's The House in an interview to air Saturday.

"If people choose for their own reasons not to be peaceful, then the government of Canada, through its defence forces, through its police forces, will ensure that people will be kept safe," Carr told the crowd.

"If people determine for their own reasons that that's not the path they want to follow, then we live under the rule of law."

In an interview earlier Friday with CBC Radio's The House, Carr said he wasn't suggesting the government would bring in the army to face off with protesters.

"I mean to say that, if you look at all of my comments, that we celebrate and cherish our capacity in this free society to be be able to protest," he said.

"People will protest in peaceful ways and that's not only acceptable it's a hallmark of who we are as Canadians." ...

 

[a_majoor]

http://edmontonjournal.com/news/local-news/pipeline-protests-will-be-met-by-police-and-military-federal-minister-tells-edmonton-business-leaders

Guns in the street.  Indeed.

Wasn't there a political party in Canada which made alarming ads about "Soldiers, with guns......on our streets!"

They thought it was bad, or inappropriate or something, and Canadians should work to elect governments that would never do this. /sarc

 

[Old Sweat]

A British Columbian grand chief has attacked the statement by the Natural Resources Minister as reported in the story reproduced under the Fair Dealing provisions of the Copyright Act.


Jim Carr's comments senseless, clumsy, B.C. leader says
http://www.ctvnews.ca/politics/jim-carr-s-comments-senseless-clumsy-b-c-leader-says-1.3187619

Laura Payton, Ottawa News Bureau Online Producer
@laura_payton

Published Sunday, December 4, 2016 7:00AM EST
OTTAWA - Natural Resources Minister Jim Carr's assertion the police and military will deal with civil disobedience over pipeline projects was "stupid and clumsy," a British Columbia grand chief says.
Stewart Phillip, grand chief of the Union of British Columbia Indian Chiefs, says Carr's remarks Wednesday to an audience in Calgary were "stupid, stupid, stupid."
"I think it was an incredibly stupid and clumsy statement to make in an already volatile situation, [on] a deeply emotional issue here in British Columbia. And it's just absolutely senseless, counter-productive and unhelpful," Phillip said in an interview with Evan Solomon, host of CTV's Question Period.
Asked what would happen if pipeline protesters used civil disobedience and unrest to make their case, Carr told a Calgary Chamber of Commerce audience that the military or police would ensure people's safety.
"If people chose for their own reasons not to be peaceful then the government of Canada, through its defence forces, through its police forces will ensure that people are kept safe," Carr said.
"We have a history of peaceful dialogue and dissent in Canada. I certainly hope that tradition will continue. If people for their own reasons determine that’s not the path they want to follow then we live under the rule of law."
Speaking to reporters, Carr later said "law enforcement officials do what they're paid to do. It's as simple as that."
On Friday, Carr's spokeswoman said he "did not mean to suggest action would be taken against protesters."
British Columbia has seen a number of protests since Prime Minister Justin Trudeau approved Kinder Morgan's Trans Mountain pipeline, which will run through Vancouver.
Phillip said the statement has an immense political cost for the Liberals, noting thousands of Indigenous Canadians supported Trudeau "with respect to his commitments to the environment, to completely redoing the Canadian Environmental Assessment processes and the National Energy Board oversight legislation and policies. He's done neither."
"He's broken all of his promises and commitments, and we're certainly not about to continue supporting his government given this betrayal."
In a separate interview on CTV's Question Period, Transport Minister Marc Garneau touted the conditions imposed on Kinder Morgan by the National Energy Board, as well as the federal government's new oceans protection plan.
"We recognize that people can express themselves on [the pipeline], and I'm sure that they will. And ... it's very clear that we need to explain it, because once people understand what the measures are, they're reassured," he said.
"This is very muscular. It's very robust. It addresses the concerns with respect to marine safety."
Garneau says the Liberals are behind the Charter and fully recognize the right for Canadians to express themselves.
"Some Canadians have strong emotions about some of the things that are decided by the government, and they have the right to express it. We fully recognize that and we are confident that they're going to do it peacefully," he said.
Phillip says British Columbians are organizing against the Trans Mountain pipeline.
"The battle is just beginning here on the West Coast," he said.

- mod edit to add link -

 

[The Bread Guy]

Message firing alright, message - STOPS!

Prime Minister Justin Trudeau narrowly avoided an organized walkout during his speech to Indigenous leaders Tuesday after Natural Resources Minister Jim Carr called chiefs to apologize for remarks some saw as a threat to protesters opposed to contentious pipeline projects.

Quebec Chief Serge Simon, a Mohawk from Oka and a strident opponent of pipeline projects, had been assembling a group of chiefs to take a stand and turn their backs on Trudeau at the Assembly of First Nations gathering in Gatineau, Que.

Simon and others, including Ontario Regional Chief Isadore Day, have said Carr's comments about "defence forces" and police sent alarm bells ringing throughout First Nations communities, and were irresponsible because of the historical significance of invoking the military as a bulwark against Indigenous protests.

Simon, who was part of the 1990 Oka standoff, backed off after he got a call from Carr an hour before the prime minister was set to take the stage. Carr further explained what he meant by his remarks, and said he did not intend to issue any sort of threat against peaceful protest, the chief told CBC News.

"It actually felt good to hear that he realized he made a mistake," Simon said of Carr's call. "That shows I think, in my book, strength of character that he did that. The tension has been removed."

Trudeau also veered from his prepared remarks Tuesday to endorse Carr's apology, adding that his cabinet minister made "unfortunate comments."

Clearly prepared for the opposition voices, the prime minister said his government's push for reconciliation "does not mean that we ... will agree on everything," while acknowledging there were many in the room who "deeply disagree" with the green light his cabinet gave to Kinder Morgan's Trans Mountain pipeline.

"The test of our relationship is not whether we'll always agree. The test of our relationship is whether we can still move forward, together," he said. "We've already felt some headwinds. And there will be more." ...

 

[Old Sweat]

This CP story, reproduced under the Fair Dealings provision of the Copyright Act suggests that a giant suck back is underway by the government and especially Mr Carr.

Carr dials back military response, says Liberals ’embrace’ pipeline dissent
By The Canadian Press — Dec 6 2016

OTTAWA — The Liberal government is going out of its way to play down the prospect of violent confrontations at oil pipeline protests.

Natural Resources Minister Jim Carr made an unprompted point today of once again saying that the Liberals "embrace" dissent while linking civil disobedience with peaceful protest.

At the Assembly of First Nations annual meeting, national Chief Perry Bellegarde expressed concern about the potential for a pipeline-inspired confrontation with the military along the lines of the 1990 crisis in Oka, Que..

Some First Nations and environmental groups have promised massive protests over the Liberal government's controversial decision to approve the expansion of Kinder Morgan's Trans Mountain oil pipeline from Alberta into suburban Vancouver.

Carr told an Edmonton business audience last week that if protests aren't peaceful, police and "defence forces" would ensure that people are kept safe and the rule of law prevails.

Carr has been dialling back that reference to the military ever since, while opposition MPs accuse the Liberals of inflaming an already tense situation and undermining civil liberties.

 

[Colin Parkinson]

A true popcorn moment for me. The Liberals expose themselves in public. The Greenies besides themselves with anguish. The FN stuck between a rock and hard place, having placed all their cards on a party that has now publicly threatened force against them and the FN can't look to the CPC without losing face.  op:

 

[The Bread Guy]

... The FN stuck between a rock and hard place, having placed all their cards on a party that has now publicly threatened force against them and the FN can't look to the CPC without losing face.  op:

... not to mention FNs being less-than-fully-unified on the pipeline issue.

And we have one of the Conservative leadership contenders piping up with a plan - "spy on 'em & lock 'em up" instead of "sic the troops against 'em":

Conservative leadership candidate Kellie Leitch has turned her right-of-centre brand of populism onto Canada’s pipeline protesters, vowing to increase penalties for illegal protests and calling for environmental lobbying to be recognized as a political activity.

In a Facebook messaged posted Tuesday, Leitch outlined a five-point plan in response to the political backlash against oil pipeline construction happening from B.C. to Quebec. She calls for higher penalties against violence and vandalism, “ensuring those who provide support for the aforementioned actions are charged.” She wants to create a new joint police force to target environmental protests and to classify environmental lobbying as political activity “to get international money out of the process.” She is also calling for unspecified changes to regulations to “ensure Canada’s ability to compete in the marketplace.” ...

This, from Leitch's FB feed:

... I am pleased to announce my support for the construction of the Energy East pipeline. This important project will reduce our dependence on foreign oil, get Canadian oil to market, and create jobs for Canadians across the country, particularly in Atlantic Canada.

I also announced a 5-point plan to ensure that natural resource development in Canada proceeds without illegal interference. It includes:

1. Increasing penalties for those engaging in acts of violence and/or vandalism designed to disrupt natural resource development;

2. Ensuring those who provide support for the aforementioned actions are charged;

3. Creating a new force comprised of specialized components from the RCMP, CSIS, CRA and DFAIT to coordinate investigations, freeze bank accounts, and lay charges to ensure that those who seek to illegally disrupt natural resource development projects are brought to justice;

4. Classifying environmental lobbying as a political activity to ensure transparency in funding and to get international money out of the process; and

5. Realigning Canadian regulatory processes to ensure Canada’s ability to compete in the marketplace.

The development of our natural resources is an opportunity and our duty. As former Ontario Premier George Drew said: “It is our humane duty to put the vast resources and rich land which God has given us into full productive use, not only for ourselves but for the rest of the world as well. It is also our opportunity to build a strong and prosperous Ontario with a population far beyond what we have now, living in greater comfort and security than they have ever known before. That is a vision which is justified by all the facts. It is a vision worthy of the sacrifice which our young men and women are making for us today. That is the future to which they are entitled. That is the future which I believe can be made a reality by the programme which I have read to you tonight” (Former Ontario Premier George Drew, 1943).

We will build this pipeline and we will build Canada. It is our duty to ourselves and the world. We will not tolerate acts of violence or vandalism from those who want to illegally stand in the way of the economic prosperity of Canadians. There is a place for legitimate protest, but we will lock up the agitators and activists who resort to vandalism and violence when they do not get their way.

 

[Lightguns]

A true popcorn moment for me. The Liberals expose themselves in public. The Greenies besides themselves with anguish. The FN stuck between a rock and hard place, having placed all their cards on a party that has now publicly threatened force against them and the FN can't look to the CPC without losing face.  op:

It was and is the most delicious wine I have drank in a long time..........

 

[quadrapiper]

And we have one of the Conservative leadership contenders piping up with a plan - "spy on 'em & lock 'em up" instead of "sic the troops against 'em":This, from Leitch's FB feed:

While as a citizen I'm not entirely comfortable with either, I'm actually less concerned about a straightforward deployment of force (be it police or army) than Leitch's notion.

 

[Colin Parkinson]

spying on domestic groups and even blowing up the odd shack/barn/pump station is a time honoured tradition for the RCMP.

 

[The Bread Guy]

spying on domestic groups and even blowing up the odd shack/barn/pump station is a time honoured tradition for the RCMP.

Now THAT came up quicker than even I expected! 

 

[jollyjacktar]

:backpedalling:  Lots of laughs to see team Red  in action again.  Boy oh boy, has this ever been a banner month of foot in mouth disease for them.  :rofl:

 

[Retired AF Guy]

:backpedalling:  Lots of laughs to see team Red  in action again.  Boy oh boy, has this ever been a banner month of foot in mouth disease for them.  :rofl:

Yes, pretty soon they will be bypassing the old Reform Party (if they haven't already) in the number of the "open mouth, insert foot" moments.