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Freedom Convoy protests [Split from All things 2019-nCoV]

stoker dave

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Back on page 52 of this thread I indicated I was considering going to a counter-protest on 6 Feb (someone flagged me for 'trolling' but that is beside the point).

I went to one of the counter-protests in Ottawa yesterday. My observations:

  • Starting with a small group of about 20, it grew to about 1,000. I was there for about 3 hours in the afternoon.
  • It felt more 'street party' than protest: free pizza, free hot chocolate, free hand warmers (it was about - 15 C, windchill -20 C), music, dancing, etc.
  • I considered the counter-protesters to be highly representative of Canadian society and a generous mix of ages, demographics, etc.
  • The police were there but mostly stayed in the background.
  • With one or two minor exceptions, all peaceable and friendly.
  • For the most part, it was the local community coming together to say 'enough is enough'.

My observations only. I am retired and gave no indication of any military affiliation.
 

dapaterson

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Reports that an Ottawa city councillor is bringing a motion forward to ask for aid to the civil power. He's usually a supporter of the mayor, so the request (to the provincial AG) may pass council.

Other sources are reporting that the Emergencies Act is about to be invoked.
 

Remius

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Reports that an Ottawa city councillor is bringing a motion forward to ask for aid to the civil power. He's usually a supporter of the mayor, so the request (to the provincial AG) may pass council.

Other sources are reporting that the Emergencies Act is about to be invoked.
Which one?
 

OceanBonfire

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daftandbarmy

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I had an interesting chat with a retired CAF member who is about to start a second career as a contractor in Victoria with the BC Government.

They were talking with enthusiasm about heading down to the counter-protest.

I asked them if they were worried about being unemployed. They had no idea why I would ask that of course, as they'd never had to worry about the paycheque before.

'If someone who might hire you sees you there, you'd better hope they can distinguish a protester from a counter-protestor.'

I'm pretty sure it didn't sink in. Maybe a few months of no work will help accelerate the learning process ;)
 

Quirky

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So in this specific instance, what can Military personnel, I'm assuming either infantry or MPs, do that RCMP or local police services can't?
 

Remius

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So in this specific instance, what can Military personnel, I'm assuming either infantry or MPs, do that RCMP or local police services can't?
Logistics. Use of facilities for staging. Just guessing on a few items.
 

Jarnhamar

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CBC News Alerts said:
CBC News has learned Justin Trudeau will inform the provinces he will invoke the Emergencies Act to give the government extra powers to deal with the protests across the country.

What extra powers would the Emergencies Act give to police to deal with the protests that they don't already have? Hold someone without bail or a trial kind of stuff?

I don't get why police can't walk in Texas Ranger style and arrest who they want.
Are police expecting truckers to pull out uzi's and mac-10s if they move in? Or everyone jumps in their trucks and star bursts? The bridge in Windsor was cleared and there wasn't a massive shoot out at the Alamo.
 

KevinB

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So in this specific instance, what can Military personnel, I'm assuming either infantry or MPs, do that RCMP or local police services can't?
CANSOF...
It's the only viable tool - as riot training has been out of the CA curriculum for a long time.
Snatch Teams to grab HVT's

I supposed one could use RCAF Rotary Wing assets to move LE around quickly too -- and a ERT team rushing out of a Hook would be pretty intimidating.


Logistics. Use of facilities for staging. Just guessing on a few items.
Doesn't require an EA use.
 

Remius

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CANSOF...
It's the only viable tool - as riot training has been out of the CA curriculum for a long time.
Snatch Teams to grab HVT's

I supposed one could use RCAF Rotary Wing assets to move LE around quickly too -- and a ERT team rushing out of a Hook would be pretty intimidating.



Doesn't require an EA use.
If they start towing trucks? Maybe. If they need to hold civilians somewhere?

Pretty sure the EA unlocks specific spending and procurement tools. The EA does not automatically mean the CAF will be called I believe. But if things escalated they could.
 

Halifax Tar

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How would one justify calling in the CAF until the police can actually show they can't handle the situation.

Right now they have it contained. And until they fail at being able to physically remove the protesters how can they say they need help ?
 

Scott

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OK, I had to quit getting caught up for a moment because I'd like to drop some friendly reminders:

Disagree but please do not be disagreeable. What side is what is pretty well known, fairly entrenched, and unwilling to consider much change. You don't have to give the go-fuck-yourself (or whatever) to emphasize your point or stance (again).

(heavy/active) moderation of this thread is not really a goal of ours - it's been going relatively well, and thanks to all who have helped keep it out of the rhubarb.

We are likely going to have a load more to talk about whenever PMJT emerges from romper room, and so I'd like to simply ask that we keep things civil - at all levels. Got a problem with a post? Report it and wait, please.

Final fun police statement: if you've got a job where saying dumb things could have consequences then watch where and when you say dumb things.
 

Good2Golf

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I supposed one could use RCAF Rotary Wing assets to move LE around quickly too -- and a ERT team rushing out of a Hook would be pretty intimidating.

And the LZ has been used/proven before…


Doesn't require an EA use.
Correct. NDA s.274-284 refers to a Province’s request by its Attorney General directly to the CDS, for Aid to the Civil Power. The War Measures Emergency Act is not required for a Province to request ACP.

PART VI​

Aid of the Civil Power​

Marginal note: definition of attorney general

274 For the purposes of this Part, attorney general means the attorney general of any province, the acting attorney general of a province or any minister of a government of a province who performs for the time being the duties of a provincial attorney general.


  • R.S., c. N-4, s. 232
Marginal note:Riot or disturbance

275 The Canadian Forces, any unit or other element thereof and any officer or non-commissioned member, with materiel, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace, beyond the powers of the civil authorities to suppress, prevent or deal with and requiring that service, occurs or is, in the opinion of an attorney general, considered as likely to occur.


  • R.S., 1985, c. N-5, s. 275
  • R.S., 1985, c. 31 (1st Supp.), s. 60
Marginal note:Exception in case of certain reserves

276 Nothing in this Part shall be deemed to impose liability to serve in aid of the civil power, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.


  • R.S., 1985, c. N-5, s. 276
  • R.S., 1985, c. 31 (1st Supp.), s. 60
Marginal note:Attorney general of province may requisition aid

277 Where a riot or disturbance occurs or is considered as likely to occur, the attorney general of the province in which the place where the riot or disturbance occurs or is considered as likely to occur is situated, on the initiative of the attorney general or on the receipt of notification from a judge of a superior, county or district court having jurisdiction in the place that the services of the Canadian Forces are required in aid of the civil power, may, by requisition in writing addressed to the Chief of the Defence Staff, require the Canadian Forces, or such part thereof as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate considers necessary, to be called out on service in aid of the civil power.


  • R.S., c. N-4, s. 235
Marginal note:Call out of Canadian Forces

278 On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur.


  • R.S., 1985, c. N-5, s. 278
  • 2004, c. 15, s. 79
Previous Version
Marginal note:Form of requisition

279 A requisition of an attorney general under this Part may be in the following form, or to the like effect, and the form may, subject to section 280, be varied to suit the facts of the case:

Province of

To Wit

Whereas information has been received by me from responsible persons (or a notification has been received by me from a judge of a (superior) (county) (district) court having jurisdiction in
blank line
) that a riot or disturbance of the peace beyond the powers of the civil authorities to suppress (or to prevent or to deal with) and requiring the aid of the Canadian Forces to that end has occurred and is in progress (or is considered as likely to occur) at
blank line
;

And whereas it has been made to appear to my satisfaction that the Canadian Forces are required in aid of the civil power;

Now therefore I,
blank line
, the Attorney General of
blank line
, under and by virtue of the powers conferred by the National Defence Act, do hereby require you to call out the Canadian Forces or such part thereof as you consider necessary for the purpose of suppressing (or preventing or dealing with) the riot or disturbance.

Dated at
blank line
, this
blank line
day of
blank line
, 19
blank line
.

Attorney General


  • R.S., 1985, c. N-5, s. 279
  • R.S., 1985, c. 22 (4th Supp.), s. 75
Marginal note:What requisition must state

  • 280 (1) In a requisition made under this Part, it shall be stated that
    • (a) information has been received by the attorney general from responsible persons, or a notification has been received by the attorney general from a judge, that a riot or disturbance beyond the powers of the civil authorities to suppress or to prevent or to deal with, as the case may be, has occurred or is considered as likely to occur and that the Canadian Forces are required in aid of the civil power; and
    • (b) it has been made to appear to the satisfaction of the attorney general that the Canadian Forces are so required.
  • (2) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 76]
  • Marginal note: province bound by statements, undertakings and promises in requisition
    (3) Every statement of fact contained in a requisition made under this Part is conclusive and binding on the province on behalf of which the requisition is made, and every undertaking or promise in the requisition is binding on the province and not open to question or dispute by reason of alleged incompetence or lack of authority on the part of the attorney general or for any other reason.
  • Marginal note:Statement not open to dispute
    (4) A statement of fact contained in a requisition made under this Part is not open to dispute by the Chief of the Defence Staff.
  • R.S., 1985, c. N-5, s. 280
  • R.S., 1985, c. 22 (4th Supp.), s. 76
Marginal note:Inquiry and report by attorney general

281 Where a requisition is made under this Part, the attorney general of the province concerned shall, within seven days after the making of the requisition, cause an inquiry to be made into the circumstances that occasioned the calling out of the Canadian Forces or any part thereof, and the attorney general shall send a report on the circumstances to such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council for the purpose of this section.


  • R.S., 1985, c. N-5, s. 281
  • 1995, c. 11, s. 44
Marginal note:When officers and non-commissioned members have powers of constables

282 Officers and non-commissioned members when called out for service in aid of the civil power shall, without further authority or appointment and without taking oath of office, be held to have, in addition to their powers and duties as officers and non-commissioned members, all of the powers and duties of constables, so long as they remain so called out, but they shall act only as a military body and are individually liable to obey the orders of their superior officers.


  • R.S., 1985, c. N-5, s. 282
  • R.S., 1985, c. 31 (1st Supp.), s. 60
Marginal note: duration, increase and diminution of aid of civil power

283 The Canadian Forces or any part thereof called out in aid of the civil power shall remain on duty, in such strength as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate deems necessary or orders, until notification that the Canadian Forces are no longer required in aid of the civil power is received from the attorney general of the province concerned and, from time to time as in the opinion of the Chief of the Defence Staff the exigencies of the situation require, the Chief of the Defence Staff may increase or diminish the number of officers and non-commissioned members called out.


  • R.S., 1985, c. N-5, s. 283
  • R.S., 1985, c. 31 (1st Supp.), s. 60
284 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 77]

Marginal note:Advances

285 The moneys required to meet the expenses and costs occasioned by the calling out of the Canadian Forces as provided for in this Part and for the services rendered by them shall be paid out of the Consolidated Revenue Fund by the authority of the Governor in Council.


  • R.S., 1985, c. N-5, s. 285
  • R.S., 1985, c. 22 (4th Supp.), s. 77
 

OldTanker

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Excellent analysis of Emergency Act by Greg Taylor in the National Post. I can't post a link as it is behind a fire-wall, but he tears apart the rationale for invoking it. Essentially, between the NDA and provinces declaring a state of emergency provinces can access all the powers they need. It looks like posturing and theatre to me, but I've been wrong before.
 

Remius

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Once again. The EA does not necessarily mean the deployment of the CAF for ACP. But would allow for it.
 
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