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…”
Thank you for your writing – so enjoyable. Look forward to your latest essays always.
‘Loyalty to country ALWAYS. Loyalty to government, when it deserves it.’ – Mark Twain
This is Pandora’s box. Once government funded legacy/MSM has been totally discredited as is happening via live streams, social media and by word of mouth by people on the ground, there will be more of “an awakening” from others…..and this is only the beginning…wait till the next federal election.
The people will not forget this life and society changing event.
Hey Robert,
Thank you, very kind. Fantastic quote by Twain! I think I will bold it for readers (hope you approve).
Great point about Pandora. The non-legacy media has seen an explosion of followers: True North, Rebel News, Postmillennial, and so on. But as you say, it is mostly from live video and people taking pictures from events. I trust photos from friends more than snippets from CBC.
Sure appreciate you taking time to share your thoughts!
Cheers
Here’s another brilliant quote: There is no justification for taking away individuals’ freedom in the guise of public safety. – Thomas Jefferson
Fabulous! Will bold that too! 🙂
The town of Caledonia near the Six Nations Reserve has had a blockade for 16 years. Your blog said Caledon which is a town in Peel Region.
Thanks Peggy! Corrected.
Thank you Shawn, for once again speaking to this issue, which will for certain change society in a fundamental way. I have never seen families and communities so divided as they are at present.
There is an old saying: “Power corrupts, and absolute power corrupts absolutely.” Classical liberal theory, which is the bedrock of our modern democratic societies arose as a response to the corruption of absolute power. It required centuries of incremental and sometimes bloody revolutionary change to provide us with the civil liberties we take for granted now. For those who want to understand this further they can do some historical research on what life was like for the average person under feudalism.
We ignore the draconian measures currently taken by our politicians are at our peril. In my view there is never a good reason for politicians to side step our constitutional rights, including the right to non violent protest. Luminaries such as Martin Luther King and Mahatma Ghandi both endorsed non violent civil disobedience in the face of tyranny.
Alicia,
Love your comments! Feel free to post things about feudalism all day long. Seriously, we need to start teaching and reminding each other with snippets of history. Too often, we rely on snippets from headlines. History does not work in headlines (unless it’s historical revisionism), so we must dig for it. Fortunately, there’s tonnes of really fun digging to be had.
Your call to relearn what made our society could not be more appreciated. Classical liberalism emerged as a rare, freakish miracle amidst several thousand years of oppression. We should work to understand it, and to learn about the fabric of assumptions required to for it to flourish.
Thanks again for posting!
Cheers
Caveat #1. I’m old, triple vaccinated and markedly immune compromised.
Caveat #2. Until the last Alberta election I was a lifelong Red Tory. Next election, I’ll do a “Flora *McDonald”, vote NDP. *Very
Interesting lady: biography worth reading.
Loud noises and angry people frighten me.
I have to think of the people working the myriad levels of the auto industry who’ve had the floor dropped out from them.
There is tyranny, there are rights and there is the good of the people
Thank you, Mary Ellen, for taking time to post.
I share your dislike of noise and angry people. From the photos and videos my two daughters and wife brought back from Ottawa last weekend, I can confirm it WAS noisy, but the people were all smiling. I have never seen such a happy bunch.
This movement has people from all political persuasions. No political party can claim to speak for the convoy. And as for the NDP, I support your call to focus on the individual. Even Tommy Douglas insisted on balanced budgets.
Thanks again for posting. Great to hear you are vaccinated; I am too.
Be well
Shawn Whatley wrote:
“On one hand, a blockade is a blockade, and it is unlawful.”
With dubious evidence of a catastrophic emergency, PMJT did the same thing – he blockaded Canada – illegally – selectively shut restaurants, hair salons, dog groomers, mom and pop shops, airlines, rail lines – all rather contrary to the Canadian ‘constitution’ / Charter of rights and freedoms – completely unlawful. The pandemic ‘death numbers’ were never in the realm of the models – never, ever, ever…yet somehow all these public health ‘experts’ ran with the ‘chicken little’ hypothesis and continued (renewed and renewed) these restrictive draconian measures to stop a virus that is unstoppable and currently is a muted version of it’s original Wuhan strain. Yet no off-ramp had been floated by anyone (those that can rescind the draconian measures) until a bunch of average Joe’s from the trucking industry, from all walks of faith (not bigots, not racists, not antivaxer’s) put up a stink. Then and only then did some of the provinces begin to relax these restrictive measures. PMJT (and Doug Ford) still have their boots on the necks of Canadians (masks, passports and mandates). These boots hurt the little guy, whose got to go out and earn a living, who does not have the luxury to ‘work from home’ and get paid like our teachers, professors, civil servants (municipal, provincial, federal), or politicians. Yep we sure should resist to let the government know they serve us – not the other way around.
Twice jabbed, fully omicron recovered
Powerful comments, Rick.
Agree. They offered no off ramp and kept moving the goal posts. The laptop class loves it — earn a living in your underwear from home on Zoom!
This is a working class movement. Elites across the political spectrum find it repulsive. Glad to see it has exposed many in the legacy media for what they think of the hoi polloi
Thanks for posting!
COVID revealed a rift in society…those who can work from home, in their under wear, lululemons , experiencing no loss of income wondering what the fuss is all about….and those who can’t.
Correct – and a very large number of those work in the public sector, federal, provincial, municipal or in IT. An interesting poll to do would to find out what percentage of this group are in favour of vaccine mandates, lockdowns, continuing restrictions, are against the protest, and vote Liberal. But I doubt any polling organization would have the guts to do it.
By the way, a bit of laughter is the best medicine for all of us (courtesy of the awesome Mrs. Kwan!): Go to Etsy.com and search for “Trudeau shirts”
It was commonly accepted that the USSR had the “ best” constitution in the world on paper…but if citizens tried to exercise it, they were shot.
These are dangerous times.
“The secret to happiness is freedom…the secret to freedom is courage.”
( Thucydides )
My hat off to Robert’s Mark Twain quote.
The present government in Ottawa , under Justin, does not deserve the loyalty of the Canadian citizenry , the NDP should withdraw its support and let the voters have another go at it.
In the meantime best wishes to the truckers, declare victory and go home, your job is done.
What other country would have held such a demonstration leading to the country’s “leader” feeling that he had to hide in a bunker , utilizing weapons such as Bouncy Castles and inflatable hot tubs?
“Only in Canada , eh!”
LOVE it, Andris.
Thucydides … simply brilliant (I bolded it too). Note that Thucydides brings in the classical virtue, courage (wisdom, temperance, and justice are the others).
I tend to agree with you about going home. If it were me, I would probably have bailed last weekend …
However, if you had lost your family business, would you hold a different opinion? If mandates closed your tea shop while Walmart sold the same tea nonstop, would you do something radical?
I think we have a duty to resist immoral laws. If that resistance leads to breaking other laws, then we must accept the punishment due. But it makes no sense to denounce anarchy while doing nothing about tyranny.
Thanks again for posting! Always thoughtful.
Cheers
I’m glad you mentioned the 4 stoic virtues , sadly not considered as such in the modern era.
1) Wisdom
2) Temperance
3) Courage
4) Justice
Leadership is the combination of 1 & 3 neither being of much use without the other.
Justin doesn’t exhibit the virtues , particularly 1 & 3
Shawn, Have you come across the Doctrine of Lesser Magistrates?
The doctrine is thousands of years old, and is what I think is going on in our country today, although I suspect that very few, if any, would recognize it.
The doctrine of Lesser Magistrares holds that all power (authority) originates with the Lord God and is delegated. The moral law of God up until 150 years ago was considered the objective standard whereby we measured the laws of men. Alfred the Great (9th c.) John of Salisbury (12th c.) and William Blackstone (18th c.) all held that God’s moral law was the rule of law for all of western civilization.
The authority a government possesses is considered delegated authority i.e. derived from God and is not autonomous or unconditional – it is God given, and thus government has a duty to govern in accordance with His rule.
The Doctrine of Lesser Magistrates applies to all forms of government and includes the Doctrine of Interposition which is that which causes one to “step into the gap,” – willingly placing oneself between an oppressor and his intended victim.
There are lots of examples in history of the Doctrine of Interposition. To cite one that occurred between King Saul of Israel and his son Jonathon. The King issued an order that “nobody eats anything until we have destroyed our enemy.” Johnathon didn’t get the memo and ate honey. On learning that he’d disobeyed his order, the King ordered that Jonathon be killed. The people intervened saying, “You will not lay a hand on him.” They interposed themselves, risking their own lives in so doing, to protect Jonathon from death. Their action reflected the doctrine of Lesser Magistrates in going up against King Saul’s (unjust) order.
To my way of thinking the Truckers in the Freedom Convoy reflect the principles found in The Doctrine of Lessor Magistrates by interposing themselves in what appears to be misguided and perhaps even unjust orders of Messrs. Trudeau and Ford.
I see that you are keen on quotes.
Here’s one from the Roman Emperor Trajan that helps capture the Doctrine . Trajan handing his sword to one of his servants said, “Use this sword against my enemies, if I give righteous commands; but if I give unrighteousness commands, use it against me.”
Hello Ken,
This blog focusses on the interface of medicine, politics, and philosophy.
I have worked hard to avoid theological, biblical, and a large swath of metaphysical thought, on this blog. But since you offered a great quote from Trajan (thank you!) and such a thoughtful comment, I let it stand but without the reply it warrants (sorry!). I suspect your comments might fit best in a church environment. Here, we need a more Paul-at-Athens approach: only reference things the whole audience will know or be able to understand without any Christian frame of reference.
Again, sorry for not engaging more fully.
Best regards,
Shawn
“Those who make peaceful revolution impossible will make violent revolution inevitable.” – John F. Kennedy
Except that Canadians are not inherently prone to violence. This protest ends if JT would be willing to show some leadership and sit down and have a conversation with the truckers who seem to be very reasonable. But JT refuses to do so because of his massive ego. Shame needs to go out to all the other premiers and politicians who don’t dare to speak out against JT (except for the rare few notably Joel Lightbound). The weekend turnout is a massive middle finger at JT. I sense that the rank and file police officers are quietly against their own senior officers. The barricade at the War Memorial was dismantled by Veterans while the police stood by and watched and did not interfere. The tide is turning.
Very thoughtful comments, Robert. Again, much appreciated.
It seems most people want the blockades to end. I agree. I disagree with the over-simplification of this popular opinion.
Popular opinion for ‘crushing the rebellion’ either rests on support for mandates or support for the law and order. Those who support mandates paint the protesters as ignorant rubes or zealots. Those who support law and order paint them as criminals, unworthy of a second thought.
Both sides offer arguments designed to dismiss, not understand.
I find myself in support of law and order AND in opposition to mandates. If I had lost my job to mandates, and if letters, meetings, and peaceful protest failed to bring redress, the only rational option is either organized resistance or martyrdom.
The Glorious Revolution sought to uphold Magna Carta, not abolish it. Boston harbour filled with tea because England refused to abide by its own rules, not because people demanded new or different laws.
It would be much simpler to dismiss this as nothing but a horde of radicals intent on destroying democracy. But that would miss their main complaint. They do not ask for new laws. They ask for bad laws to be removed.
Again, if it were me, I’d have gone home last weekend. But if I had lost my job, it seems logical for me to stand up and suffer the consequences for doing so.
These weeks will shape our sense of The Constitution of Canada — the right of Kings, if you will — for years to come.
Thanks again for your post and excellent quote! 🙂
Cheers
This is grass roots and as you rightly mock them, the laptop-class are full-throated in having this end – though they are content to get in the Audi, drive up to the bakery and text that they there for their pick-up. I had a discussion with a woman who is fully with the Freedom Truckers. However she says it’s time for them to move on – they’ve made their point – ‘now’ they are affecting others and their jobs. I asked her how she could pick winners and losers as to who is impacted the most by the trucker blockade. I proffered that the truckers are not there to merely make a point but are challenging our authoritarian, capricious, and arbitrary governmental policies (mandates) that have little to no effect on how this virus operates. Her reply was a prickly “maybe so…”. I for one, am not ready for the truckers to dissipate and have Justine mock Canadians by saying “see, I told you so, these anti-mask, anti-mandate, anti-passport, get a PCR test prior to coming back into your own country fringe peoples are not what Canada is” – bullocks to that!
Very witty: “they are content to get in the Audi, drive up to the bakery and text that they there for their pick-up.”
Even when the protest/movement ends and the mandates fall, we still need a discussion about government power — extent, limits, and who gets to wield it (PM or Parliament).