by Bogumil Pacak-Gamalski

A year ago Canadians went through a gut-wrenching exercise.

Overwhelming majority  (for a much smaller minority it happened second time –as in 1970, P.E. Trudeau was forced to do similar things during October Crisis in Quebec) for the first time ever the  Emergencies Act was invoked.  

Comparing to many other countries, the Act is very measured and limited in its application. It must comply with the Canadian Charter of Rights and other international treaties (for example prohibition of use of torture) to which Canada is a signatory. It also covers only areas that are listed in the proclamation – in this case a huge majority of Canadians were not affected by it in their daily lives. For all practical reasons it affected only Ottawa and it’s vicinity. I’m sure the Army was (must have been) on some sort of alert but was not on the streets (as was the case in 1970). But make no mistake: a lot of freedoms and personal liberties were suspended or curtailed. All types of Police Forces and their heavy, quasi military equipment and units was mobilized and used.

Was it necessary or was it an overreach of Governmental powers?

I believed than, and even stronger now, that – yes. It was desperately needed and Federal Government was left with no other choice. To continue things the way they were in winter 2022 would have been an abdication of government responsibilities. Worse: frankly a political chaos would ensue.

I’m glad that we live in democracy that respects the rule of law. Because of that, after the Emergencies ceased, a Public Inquiry was held and Commissioner, Justice Paul Rouleau published the other day a full, comprehensive, 2000 pages long Report. Very long, indeed. But that’s for scholars of law, politics and smart politicians (there is few, not too many though …). I browsed  and glanced very quickly through it (am neither a scholar nor smart politician). It contains a lot of important facts, reflections, full historical context of events. It does not stop only in Ottawa and the day the Act was invoked. It shows what led to that ominous decision.

But most of, it starts with a clear, concise and not ambiguous finding: the Federal Government met the very high threshold to invoke the Emergencies Act and acted appropriately.

No, it doesn’t sing the praises for the Gouvernemt nor anyone else.  To the contrary – it finds a lot (a whole lot) of issues with all Canadian (federal, provincial and municipal) civil authorities. A separate book could be written, based on the Report,  on the utter failure of Police Agencies. On the failure of federalism in this context. A serious failure of provincial responsibilities that allow the infamous Protest and Occupation of Canadian Capital and international border crossings to continue for so long.

At the very end of all these conclusions, there is also a somber, personal reflection of Justice Rouleau: a reasonably and fair minded person could have come to a different conclusion. That’s a very noble and wise conclusion that avoids further inflammation of feelings of people, who were on the other side of the fence. Of course, almost instantly, that noble and wise reflection was ceased by no other that Conservative leader Pierre Poilievre to deliver blistering attack on Justin Trudeau. Thankfully, other than ‘Freedom Convoy’ members and supporters, no one else could see Mr. Poilievre as a ‘reasonably and fair minded person’. But I will leave that sad example without any further commentary … .

However, I will write here few of my own reflections and musings on this subject. Not the legal aspect. Not the political, either. Ethical. Social.

I am neither a politician, as Pierre Poilievre, who buys desperately needed votes for next election, nor PM Justin Trudeau, who must represent all Canadians, even those not representing his personal values. I don’t represent all Canadians. I represent a particular, individual Canadian – myself. Finally, I am not Federal Justice, as Paul Rouleau, who must avoid philosophical and emotional language.

And I must remember why I am Canadian. Why I live here and have lived here for most of my life. I live and stayed here because of another declaration of similar Act (much broader, very harsh and tyrannical – but from the same family of domestic urgent emergencies and imposed by own government, not a foreign invader) – Martial Law in Poland in December 1981. Because of that single event, I ended up in Canada. But I did not go back to my Old Country, when it regained sovereignty and freedom. I stayed in Canada because I found this country and it’s people much closer to my vision and dream of just society. Just and open. Tolerant and full of empathy. Willing to face it’s not always best past and admit it’s mistakes, even crimes. Every country hast parts of very dark history but not many are willing to admit it and correct it. I will write my reflections from this perspective. Perspective of this, mine Canada. Good Canada.

That ‘good Canada’ has many roots and faces. Is like an oak or massive Western Red Cedar or majestic Douglas Fir. Huge green giants that could easily obliterate all other little species taking all the water and all the sunshine. But it doesn’t. It prefers to be not only good neighbour but caring and supporting friend to other, weaker and less powerful species. Like Canadians that I admired so many times, who helped me many times and whom I helped, when they needed it.

So, when the terrible and awful time came of our recent COVID pandemic – my first reaction was to make sure that I would never be a risk to any other Canadian. Specially the weaker, immunocompromised and older. That was such a natural behaviour that I just couldn’t think of acting otherwise. It didn’t matter for me if some Facebook, Twitter or some newspapers were publishing fake news about vaccine dangers, about masks (yes, apparently masks are dangerous too according to this ‘scientific’ sources). I trusted the information provided by Health Officers of each province, Health Canada advice and World Health Organization. That was good enough for me. I am not a biologist, virologist nor medical sciences researcher. People who advised the Provinces, Federal Government and WHO were. They are the best in the world of these sciences. It didn’t even cross my mind that the temporary restrictions (and they were restrictions) on my personal freedoms were unbearable. But there were Canadians, who were enraged by these restrictions. Some of them did it for purely political reasons. The Canadian type of Trump loyalists, people with no shame nor sense of responsibility. A small core of them were actually financed by US ultra-right circles. Others were duped into believing that pandemic was just an excuse to attack their freedoms. To make them feel bad. For them it was a hidden agenda of this crazy leftist liberal, the lover of the sex-crazy gay community, the tree-hugger, the friend of all the billionaires of the world, the ‘oh, I am so handsome and good looking’ enemy of our gas and oil complex – in short the one and only worst enemy of Canada, Justin Trudeau. The little fact that Trudeau won three consecutive federal elections hold no value for them. After all – they have learned from their advisors on the other side of the border that elections are easily stolen. That they will follow the example of March on Capitol Hill in Washington and will march on Ottawa Parliamentary Hill to finish their job. Yes, not all of them, probably not even a majority, received any individual advice from Trump loyalists or direct funds from these sources. Some certainly did it out of their own honest belief in their cause. But when ignorance is a good defence? When ignorance is good enough reasons to cause immense havoc tot he entire country, terror to citizens of Ottawa? When ignorance is an excuse for arrogance? Never.

Therefore no, I wont be as diplomatic as Justice Rouleau. I will not agree with Justin Trudeau taking back his own description that these people were a ‘fringe minority’. On the contrary – I hope that they were and are a fringe minority in Canada. In my, good Canada.