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.
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.”
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.
2:06 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.“
1:03 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.”
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
TORONTO – Roots Corp. may have built its brand on all things comfy and cosy, but its CEO says activewear is now “really becoming a core part” of the brand.
The category, which at Roots spans leggings, tracksuits, sports bras and bike shorts, has seen such sustained double-digit growth that Meghan Roach plans to make it a key part of the business’ future.
“It’s an area … you will see us continue to expand upon,” she told analysts on a Friday call.
The Toronto-based retailer’s push into activewear has taken shape over many years and included several turns as the official designer and supplier of Team Canada’s Olympic uniform.
But consumers have had plenty of choice when it comes to workout gear and other apparel suited to their sporting needs. On top of the slew of athletic brands like Nike and Adidas, shoppers have also gravitated toward Lululemon Athletica Inc., Alo and Vuori, ramping up competition in the activewear category.
Roach feels Roots’ toehold in the category stems from the fit, feel and following its merchandise has cultivated.
“Our product really resonates with (shoppers) because you can wear it through multiple different use cases and occasions,” she said.
“We’ve been seeing customers come back again and again for some of these core products in our activewear collection.”
Her remarks came the same day as Roots revealed it lost $5.2 million in its latest quarter compared with a loss of $5.3 million in the same quarter last year.
The company said the second-quarter loss amounted to 13 cents per diluted share for the quarter ended Aug. 3, the same as a year earlier.
In presenting the results, Roach reminded analysts that the first half of the year is usually “seasonally small,” representing just 30 per cent of the company’s annual sales.
Sales for the second quarter totalled $47.7 million, down from $49.4 million in the same quarter last year.
The move lower came as direct-to-consumer sales amounted to $36.4 million, down from $37.1 million a year earlier, as comparable sales edged down 0.2 per cent.
The numbers reflect the fact that Roots continued to grapple with inventory challenges in the company’s Cooper fleece line that first cropped up in its previous quarter.
Roots recently began to use artificial intelligence to assist with daily inventory replenishments and said more tools helping with allocation will go live in the next quarter.
Beyond that time period, the company intends to keep exploring AI and renovate more of its stores.
It will also re-evaluate its design ranks.
Roots announced Friday that chief product officer Karuna Scheinfeld has stepped down.
Rather than fill the role, the company plans to hire senior level design talent with international experience in the outdoor and activewear sectors who will take on tasks previously done by the chief product officer.
This report by The Canadian Press was first published Sept. 13, 2024.
VANCOUVER – Mediated talks between the union representing HandyDART workers in Metro Vancouver and its employer, Transdev, are set to resume today as a strike that has stopped most services drags into a second week.
No timeline has been set for the length of the negotiations, but Joe McCann, president of the Amalgamated Transit Union Local 1724, says they are willing to stay there as long as it takes, even if talks drag on all night.
About 600 employees of the door-to-door transit service for people unable to navigate the conventional transit system have been on strike since last Tuesday, pausing service for all but essential medical trips.
Hundreds of drivers rallied outside TransLink’s head office earlier this week, calling for the transportation provider to intervene in the dispute with Transdev, which was contracted to oversee HandyDART service.
Transdev said earlier this week that it will provide a reply to the union’s latest proposal on Thursday.
A statement from the company said it “strongly believes” that their employees deserve fair wages, and that a fair contract “must balance the needs of their employees, clients and taxpayers.”
This report by The Canadian Press was first published Sept. 12, 2024.
MONTREAL – Travel company Transat AT Inc. reported a loss in its latest quarter compared with a profit a year earlier as its revenue edged lower.
The parent company of Air Transat says it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31.
The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.
Revenue in what was the company’s third quarter totalled $736.2 million, down from $746.3 million in the same quarter last year.
On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.
Transat chief executive Annick Guérard says demand for leisure travel remains healthy, as evidenced by higher traffic, but consumers are increasingly price conscious given the current economic uncertainty.
This report by The Canadian Press was first published Sept. 12, 2024.
