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Wet’suwet’en solidarity protests: How Canadian law protects demonstrators – Global News

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As the demonstrations in solidarity with Wet’suwet’en Nation hereditary chiefs halted trains across the country for the seventh day on Wednesday, many have questioned the legality of the protests.

On Wednesday, Prime Minister Justin Trudeau said the government recognizes the “important democratic right” of peaceful protest but said Canada is a “country of the rule of law.”

“And we need to make sure those laws are respected,” he told reporters in Senegal.






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Pipeline protesters camp outside Peterborough MP’s office


Pipeline protesters camp outside Peterborough MP’s office

Last week, the Royal Canadian Mounted Police (RCMP) received an injunction to enter a blockade on unceded Wet’suwet’en land, and in the days following, a number of arrests were made.

Since then, protests have sprung up across the country, disrupting not only rail lines but ports and bridges too — a show of solidarity with Wet’suwet’en hereditary chiefs, who are protesting the Coastal GasLink pipeline project in northern British Columbia.

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Are the anti-pipeline protests in B.C. and Ontario legal? Can protesters be arrested? What laws protect demonstrators in Canada?

What laws protect protesters?

Section one of the Canadian Charter of Rights and Freedoms guarantees everyone in Canada has the right to “freedom of expression” and the “freedom of peaceful assembly.”

Section two affords Canadians the “freedom of association.”

Cara Faith Zwibel, the director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association, said these rights give protesters in Canada “the highest level of protection set out under the Canadian constitution.”

But, according to Zwibel, all of the rights are subject to limits.

“It’s about determining what the limits are and how those limits, whether those limits are reasonable or not,” she said. “That’s kind of where the rubber hits the road, and we start to kind of figure out what police are allowed to do and what private companies that are being picketed may be able to do.”

READ MORE: Wet’suwet’en — Here’s where solidarity protests are happening across Canada

Some of them are spelled out in Canadian law.

Under Section 63 of Canada’s Criminal Code, a gathering of three people or more that makes another person fear that they will “disturb the peace tumultuously” or will provoke others to disturb the peace is considered to be “unlawful assembly.”

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Section 31 of the Criminal Code says a police officer can arrest anyone who they deem to has “breached the peace.” The code says an officer can also arrest anyone who — on reasonable grounds — is believed to be “about to join in or renew the breach of peace.”

On Tuesday, Canada’s Transport Minister Marc Garneau said the protests in B.C. and Ontario were illegal because they had infringed upon the Railway Safety Act.






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Pipeline battle splits Wet’suwet’en community


Pipeline battle splits Wet’suwet’en community

Zwibel said there are “all kinds of laws” that may be interpreted to limit protests, but that is very circumstantial.

“Laws like the highway traffic laws that say you can’t block roads,” she said. “But in many cases, a court might find that using a law like that to shut down a protest is not a reasonable restriction on free expression or freedom of peaceful assembly.”

And, while there is guidance from the courts on how to interpret these laws and others, it is ultimately up to police on the ground to determine how to implement them.

“In the moment, if the police decide to take a slightly different interpretation and maybe arrest more people than a stricter interpretation would allow, then the people who are being arrested don’t have much they can do about it, except maybe fight it after the fact,” Zwibel said. “But in the moment, you basically have to comply with the police.”

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Roberta Lexier from Mount Royal University said this creates a “balancing act.”

“The idea is that we’re constantly trying to balance those charter rights and the individual rights with other potential conflicting rights like freedom of movement and also property rights and industrial rights,” she said. But in general, in a democracy, the idea is that people have the right to protest and that that is a requirement of the Charter of Rights and Freedoms.

Are the B.C. anti-pipeline protests legal?

When asked if the protests in B.C. and Ontario are legal, Lexier said it’s a difficult question to answer.

“People have the right to protest,” she said. “But those rights are limited in particular ways by the government and others.”

She said technically, if an injunction is granted, then protesters are violating the law and can be arrested.

“But the reality is that injunctions are used in particular ways by particular groups to infringe upon more broadly respected democratic rights, like freedom to protest,” she said. “And so it’s really this tricky issue of balancing those kinds of property rights, and the rights of companies in particular, and those rights of free speech.






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Trudeau says pipeline protests across Canada ‘an issue that is of concern’


Trudeau says pipeline protests across Canada ‘an issue that is of concern’

Lexier said Canada would “definitely” benefit from more guidelines on how to address these “points of contention between different rights.”

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“So, many might say, ‘why does your freedom of speech trump your ability of freedom of movement?’” she said. “And so more guidelines, I think, would help the police on the ground on a case-by-case basis.”


READ MORE:
Quebec premier wants Ottawa to intervene in rail line blockades

But when it comes to demonstrations, Zwibel said arresting protests should not be a “first resort” for police, especially if other attempts to negotiate have not taken place.

In this case, Zwibel said police should try to determine how they can accommodate those impacted by the blocked roads and railways.

“While at the same time not unduly limiting the rights of protesters and just taking action to step in and make arrests immediately I don’t think would be a way to kind of appropriately balance those things,she said.

– With files from Alexandra Mazur and The Canadian Press

© 2020 Global News, a division of Corus Entertainment Inc.

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

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