The Truckers’ Freedom Convoy 2022 has forced a clash of law and morality.
At the start of the pandemic, it seemed reasonable to suspend citizens’ constitutional rights of movement and association. We were willing to try anything.
After two years, it is now the norm to override The Constitution. The slightest possible benefit to health legitimizes the most illogical mandates.
For example, Ontario announced this week that students can play basketball, without masks, but they must wear masks on the bench. Panting, yelling, and close contact on the court is okay. But resting on the sidelines requires a mask.
Constitutional Conundrum
When, where, and how to suspend citizens’ constitutional rights remains an open question. If the courts and parliament get around to debate, pandemic mandates might even turn out to be constitutional in retrospect.
Will The Constitution require amendment? Maybe it is not clear enough where final authority lays.
If The Constitution is not clear, maybe we need a new, separate process — something to guide politicians, when they take the law into their own hands for public safety.
Laws aside, politicians still have to convince voters. Does current research support current mandates?
Researchers have debated the value of non-pharmacologic pandemic interventions (masks, mandates, stay-at-home orders, etc.) for over a year now. One thing is clear, we have much less control than we think. The new Johns Hopkins’ study settles one point: lockdowns reduced Covid deaths by only 0.2 per cent.
Is It Nonsense?
Most people do not debate The Constitution or current research. They just need to know if something makes sense.
Prime Minister Justin Trudeau softened his tone and showed more compassion this week. But he did not soften his message. He said, “Mandates are the way to avoid further restrictions…” (see video below).
Trudeau is triple-vaccinated. He tested positive for covid last week. Canada is one of the most vaccinated populations in the world. Almost 100% of the most vulnerable citizens are vaccinated.
Citizens can see through this.
Unanswered Questions
• Is it right to continue suspension of The Constitution in light of current evidence?
• Are the mandates good laws? Is it immoral to oppose them?
• Should political leaders denounce protesters?
• Should police arrest protesters or just steal their gas and firewood?
• Do bridge blockades change our opinion of the protest?
State of Emergency or Incompetence
Premier Ford declared a State of Emergency this week. He implied he had no other choice.
The Toronto protest came one evening and was gone before morning. Leaders met with protest organizers before it arrived in the city. Negotiation worked.
Most Canadians support the right to protest, and a large portion supports the Freedom Convoy. At least they did last weekend.
On one hand, a blockade is a blockade, and it is unlawful. By this measure, blocking railways, pipelines, a community in Caledonia for 16 years, or the Ambassador Bridge is unlawful.
But law is not so simple. Intent matters.
People are breaking the law because they want the government to leave them alone. That is wrong. But is it immoral?
The Constitution of Canada
When truckers blockaded the Ambassador Bridge, I doubted my support for the protest. I support law and order. It rests on The Constitution and the Rule of Law. Government must uphold both.
For those who lost jobs due to unconstitutional mandates, citizens have a duty to fight back. They should use all peaceful means at their disposal.
What more should citizens do when governments ignore the supreme law of the land?
Politicians could have ended this weeks ago. As we discussed last week, there is Only One Rational Response to the Truckers’ Freedom Convoy 2022. Let’s hope it is over soon.
Photo credit: Detroit Free Press
“Mandates are the way to avoid further restrictions…”