Juno News - October 27, 2023


On C2C: How pandemic panic changed Canada forever


Episode Stats


Length

28 minutes

Words per minute

175.88339

Word count

5,092

Sentence count

252

Harmful content

Misogyny

1

sentences flagged

Toxicity

2

sentences flagged

Hate speech

1

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

In this episode of the podcast, I speak with Joanna Barron of the Canadian Constitution Foundation and Christine Van Gein of the Centre for Constitutional Rights about the government's attempt to ban vaccine mandates in Canada. We talk about why the government should be held accountable for what they did over the co-operation and co-ordination program (COVID) and why they should never do it again.

Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 To get back to the COVID file here, I mentioned earlier on in the program the issues we were
00:00:14.500 having with trying to have some level of accountability for what the federal government
00:00:19.780 did over the COVID era. And I mentioned that bill that Pierre Polyev and the Conservatives
00:00:25.600 have gotten behind Dean Allison's private member's bill. And this is a bill, Dean Allison just like
00:00:31.400 retweeted me one second ago, so I didn't know if he was listening to the show. But he was retweeting
00:00:36.000 me in my comment about what I was just about to bring up here. The liberals are displeased that
00:00:41.500 anyone is trying to muck around on their record. We saw one tweet from Seamus O'Regan, which accused
00:00:49.160 Pierre Polyev of wasting time. Pierre Polyev tabled a bill to ban vaccine mandates. Today we have to
00:00:55.500 waste time debating it. Oh yes, heaven forbid you have to debate legislation and policy. That's
00:01:01.040 what Polyev wants to talk about right now. Not affordability, not inflation, not housing, not
00:01:05.480 what's happening in Europe or the Middle East vaccine mandates. Well, my comment to Mr. O'Regan
00:01:11.180 was that perhaps he wouldn't need to waste time debating your government's egregious violation
00:01:16.880 of civil liberties if you didn't egregiously violate people's civil liberties. And then Mark
00:01:22.020 Gerritsen decided to weigh in with his own comment on this to the same sort of effect
00:01:27.880 there. The anti-vax club. That's what Polyev is talking about right now. Not affordability,
00:01:33.900 not inflation, not housing, not the war in Europe or the Middle East vaccine mandates.
00:01:39.140 Did that sound similar to the other tweet? It's almost as though they just got like a fresh
00:01:42.860 batch of talking points sent down the pipeline from the PMO and they're all just copying and
00:01:47.720 pasting. Now, if Pierre Polyev were truly debating something irrelevant in the House of Commons,
00:01:52.860 he would be debating Mark Gerritsen. But that is not what was happening. He was talking about
00:01:57.100 vaccine mandates, which affected millions of Canadians and not only the individual people,
00:02:03.620 but affected the core civil liberties and right to make individual medical choices that all Canadians
00:02:10.280 enjoy. When you attack the freedoms of one Canadian, you attack the freedoms of all Canadians.
00:02:16.580 And it is noteworthy that the liberals do not want any real scrutiny of their record. That they
00:02:22.060 don't want to rehash this. That you see the government so fervently telling everyone when
00:02:28.160 there are court cases up that, oh, we need to dismiss this. It's moot. We can't talk about this.
00:02:32.720 We don't need this. Because they don't actually want people going back to that three-year period of
00:02:38.180 2020 to 2023, really. And seeing the extent to which these policies did break the law, did violate
00:02:47.020 people's rights. They don't actually want to have that discussion. And it's kind of interesting. There
00:02:52.380 was that call from, I believe Emily Oster is her name, a writer last year for Pandemic Amnesty, which
00:02:59.140 was basically, yeah, we all said some things. We all did some things. You know, it sucks, but it was a
00:03:04.320 difficult time. Let's all just move on. Let's just, you know, let bygones be bygones. And it's a lot 0.97
00:03:09.580 easier for the people who were responsible for some of the violations of people's rights to call
00:03:15.580 for Pandemic Amnesty. It's, in fact, it's very similar to Hamas attacking Israel and then calling
00:03:20.320 for a ceasefire. As if to say, okay, we hit you. Now we just want to stop. We just want to get rid of 0.97
00:03:25.660 this all. But that's kind of what's happening here. The people that are calling for us to move on and
00:03:30.020 never look at this again are the people that were very directly involved in the reasons we should
00:03:36.220 look into this period. Joanna Barron is the executive director of the Canadian Constitution
00:03:41.220 Foundation. Her colleague, Christine Van Gein, is the CCF's litigation director. The two have a
00:03:47.520 fascinating piece in C2C Journal about this and an even more fascinating book that is coming out in
00:03:54.220 the next few days here called Pandemic Panic. How Canadian government responses to COVID-19 changed
00:04:00.120 civil liberties forever. They don't want to move on from this without a deep dive into all that went
00:04:04.960 wrong and perhaps setting out a roadmap for how to avoid this in the future. Christine and Joanna,
00:04:12.100 wonderful to talk to you. Thanks so much for coming on today. Thanks for having us on. I mentioned a
00:04:18.440 couple of moments ago in court cases where these restrictions are coming up, we're often hearing
00:04:23.240 from the government's lawyers, these appeals to mootness. It was kind of this just little moment. It
00:04:28.220 was almost like the twilight zone. It's not really where we are now. So there's no point in dealing
00:04:32.540 with this. They've had some success on that, notably in the travel vaccine mandate case, although it
00:04:38.460 stands to reason what's happening with the federal court of appeal there. But let me just ask you on
00:04:43.400 that. Why is it important to not just let this era be put in a box and stowed away on some back
00:04:49.980 shelf? Well, I don't think that you've seen in recent memory an extraordinary, you know, areas of
00:04:57.260 life, just an extraordinary array of areas of life that we never imagined the government could start
00:05:02.600 regulating in. Health, our social lives, our religious lives, our expressive lives, pretty much
00:05:08.640 you name it. And if we can't go and see how our judiciary, how our politicians even, because
00:05:15.920 politicians ideally should use the charter as a sort of guardrails for their behaviour. If we can't have
00:05:22.640 an honest accounting of how we fared at this stress test, we are certain to see other public health
00:05:29.260 emergencies, pandemics, who knows what other nature of thing in the future that will affect all of those
00:05:36.200 domains of life. And we're doomed to repeat it. So as you rightly noted, we opened this book by being
00:05:41.940 sort of against the pandemic amnesty. Nope, we can't have amnesia about all these things that
00:05:48.420 happened. I'll ask you about this, Christine, as well, because one of the challenges here is that
00:05:54.160 there's a legal aspect. And I know you're approaching this book as two lawyers, and a lot of your advocacy
00:05:59.400 on these issues has been through the legal lens. There's also the political aspect and the cultural
00:06:04.220 and the media aspect. And I'm curious how much you think this is really a legal question versus a
00:06:10.600 political question. Well, it's a legal question, because a lot of these issues were addressed by
00:06:15.340 the courts. But I think there's also a political question as well, and also a cultural one. And one
00:06:21.760 of the things that we noticed in writing this book was how the culture around civil liberties seems to
00:06:27.460 have shifted really dramatically. I think that there became this pendulum swing towards expediency and
00:06:38.600 towards deference among the members of the public to government decisions that didn't quite exist
00:06:44.820 before. I think we were more skeptical of state power before the pandemic. And during the pandemic,
00:06:51.020 it seemed like there was only one way that you could think about government restrictions. And it was to
00:06:56.800 wholeheartedly celebrate them, even when they violated some of our most fundamental tenets of our
00:07:02.020 constitution. And these things are all interconnected, right? The politics, the culture, and the court
00:07:09.000 decisions that come out of it, and it kind of operates in a cycle. And now we have a number of
00:07:14.460 pretty terrible precedents legally, where courts evaded judicial scrutiny of rights violations through
00:07:24.460 procedural reasons. Mootness is one example that you gave, and we dealt with mootness a lot.
00:07:30.980 Another example is standing. There were cases where cases were dismissed for lack of standing. And
00:07:39.900 the really important and novel questions about our rights in the context of a unprecedented crisis
00:07:47.320 were never resolved. And if we don't resolve those issues from the courts, we don't have good precedent
00:07:53.340 to protect ourselves against intrusions in the future. We don't have everything resolved, right? We're
00:07:58.960 still waiting for some decisions. We had to put the book out at some point. I actually just received
00:08:04.420 my copy this afternoon. I was happy to see your endorsement on the back there, Andrew.
00:08:09.560 Oh, I'm happy it made it to it. I'm glad it was useful.
00:08:11.900 But yeah, not everything is resolved. In particular, we're waiting for the result in the Emergencies Act
00:08:22.460 Invocation Judicial Review, which we had brought. And we're expecting that maybe in the next few
00:08:27.400 months. Let me actually ask you, I'll start with you, Joanna, but if you want to bring in your own
00:08:33.040 perspective, Christine, please do, about the Emergencies Act. Because some of the government's
00:08:37.180 arguments on trying to dismiss these challenges have been insane. And one of them, I'm crudely
00:08:43.640 paraphrasing here, is basically, well, this was a once in a lifetime fact pattern. So therefore,
00:08:50.000 you know, there's no point in really, you know, having it out, because the next time the Emergencies
00:08:53.820 Act is brought in, it's going to be under different circumstances. And that's a really dangerous
00:08:58.420 argument, because every case has its own unique facts. And the point of precedent is not that you have
00:09:03.740 a one size fits all solution, but certainly you start defining this. So the fact that this never
00:09:09.680 before used legislation, the Emergencies Act came in, we've never had judicial guidance on how to use
00:09:16.160 it. And the government doesn't want that is incredibly concerning. Have I misrepresented anything
00:09:22.080 there, Joanna? No, certainly not. And I would add that in addition to the government pointing to
00:09:28.540 the so-called unprecedented nature of the Freedom Convoy, as you say, it's not clear to me that there
00:09:35.720 couldn't be some other type of emergency. We have climate issues, we have global security issues,
00:09:41.820 the world is a dynamic and changing place. But the important thing to add, even beyond speculation,
00:09:46.640 is that at the hearings, both at the Public Order Emergency Commission hearings, as well as the
00:09:51.940 judicial review hearings, the government very specifically and very stridently, I would say,
00:09:58.180 pushed an interpretation of the application for the Emergencies Act, which would give them very wide
00:10:04.600 ambit to act. So specifically in the Emergencies Act, which defines threats to the security of Canada
00:10:11.160 in a way that's linked to the CSIS Act, and that thus, you know, relies on a CSIS assessment,
00:10:17.240 an independent assessment, specifically to avoid concentrating too much power in the hands of the
00:10:23.200 executive. We heard the Prime Minister himself directly say that his interpretation, his government's
00:10:29.520 interpretation of that was that he could declare a state of emergency throughout Canada based on his
00:10:36.340 understanding of threats to the security of Canada as the governor and counsel, independent from any
00:10:43.220 external threat assessment. And at both hearings, he declined to provide any type of legal brief,
00:10:49.340 legal memo, let alone external threat assessment, which we know from the testimony of Jody Thomas,
00:10:55.540 was never provided. So actually, if that standard rules the day, Justice Rouleau seemed to accept that.
00:11:03.540 And we know that the federal government, which is going to be bringing forward proposals for amendments,
00:11:08.980 the Emergencies Act, they're going to seek to separate out the CSIS Act definition so that basically,
00:11:16.500 the Prime Minister can decide when an emergency exists, that would make it even more common that
00:11:23.300 something like the Emergencies Act could be invoked again. And perhaps Christine will talk a little bit 0.63
00:11:27.940 about what that actually meant throughout all of Canada, not just Ottawa.
00:11:32.100 Yeah, it is important to remember that when the Emergencies Act was invoked, it wasn't geographically
00:11:38.340 limited. The Prime Minister had said, this is short, this is limited and temporary, but it was not
00:11:46.820 limited. It applied across the country, even though by the time it was invoked, the protests were only
00:11:53.780 taking place in Ottawa. Literally, quite literally, as the Emergencies Act was being invoked,
00:12:00.180 the police were in the process of clearing the border blockades at Coutts and the blockades at the
00:12:07.940 other border locations had already been cleared. I think one of the interesting things that
00:12:13.940 the book does, though, is it looks at this from an approach of constitutionalism and places a premium on
00:12:23.700 the values of the rule of law. And look, we're not here to cheerlead the convoy. I think that the convoy
00:12:31.780 accomplished the political goals that it set out to accomplish. But certainly there were aspects of that
00:12:37.380 protest that were illegal. And we have a whole chapter in the book about the rule of law and the value of the
00:12:43.940 rule of law. And we hold the federal government to the standard of the rule of law. They can't invoke
00:12:50.820 legislation when the legal threshold to invoke is not met. They don't have this extraordinary power
00:12:58.020 unless they're authorized by law. But on the same hand, we need to hold members of the public who
00:13:02.740 participated in the convoy to the standards of the rule of law as well. And certainly there were
00:13:07.140 illegal acts that took place. People should face criminal charges related to those criminal acts.
00:13:12.980 And certainly a protest cannot go on indefinitely. By the end, the police were certainly entitled to
00:13:22.980 exercise ordinary police powers to move large vehicles off of streets, not to permanently block
00:13:31.140 a protest from proceeding. I think there's no question you can protest on the lawn of Parliament Hill,
00:13:36.260 but you certainly can't indefinitely block Ontario highways. There's provisions of the criminal code
00:13:44.340 that address that though. And there was no need to resort to the use of the Emergencies Act. So I think
00:13:50.420 that that's one of the things that is going to challenge readers in our book is whatever your
00:13:56.100 perspective on this, on all of these issues, on COVID, on the Emergencies Act, I think you need to be
00:14:01.380 prepared to have that perspective challenged because these things are not straightforward. Whatever the
00:14:06.900 mainstream media might say, this is not a black and white issue. These issues are complex. And that's
00:14:11.460 why we required an entire book that took us years to write to go through all of this. So I encourage
00:14:17.940 anyone who reads the book to read it with a very open mind because we really have spent a lot of time
00:14:23.300 trying to get the balance right on all of these issues. Well, one of the things that you have both done
00:14:29.540 in this, which I was very grateful for is you've gone right back to the beginning because I think
00:14:33.700 when the convoy and the Emergencies Act came in, we're talking about now more than two years after
00:14:39.540 the onset of some of the earlier COVID restrictions and some of those early stories that almost sounded
00:14:44.740 quaint in comparison of like, you know, oh, some kid, you know, given a citation for using a public
00:14:51.060 basketball court. Or I remember there was one in Hamilton where a drug dealer was arrested for
00:14:55.460 operating a non-essential business, as well as for dealing drugs, like some of these things,
00:15:00.180 which almost became novelties. But the reason they did is because the government response to COVID
00:15:05.300 got more and more severe. At that point, we didn't know we'd be looking at church closures, pastors in
00:15:11.060 jail, family gatherings being in some cases, you know, raided by police. And all of these things,
00:15:18.660 you know, are too large to just say we can't look into. And I'm curious what your thoughts are on
00:15:24.420 on the procedural aspects here, because I know there have been a lot of these charges that were
00:15:28.020 issued that have just been dropped because of judicial resourcing, you know, it's we don't
00:15:32.260 have enough time to go through three years of fines, courts are backed up. The problem with that,
00:15:37.060 of course, is that no one has had their day in court, the arguments and the precedents haven't
00:15:41.380 been made, but for the individual people charged it to win. So how do you reconcile those two?
00:15:46.660 I think we had one case that was like that week that we talked about in the book, and it relates to
00:15:50.980 an individual protester in Kingston. And you're so right, it's so quaint when you think back to it,
00:15:56.500 it's also surreal. So the facts of some of these stories, you know, like roping off the cherry
00:16:02.020 blossoms. So one of the stories we talked about in this book is a case that we were working on at the
00:16:06.580 Canadian Constitution Foundation, it involved a man named Robert, who was frustrated as a gym user and
00:16:14.500 a supporter of small business, a lot of his friends ran small businesses, he was frustrated with
00:16:18.980 these sort of never ending lockdowns, I think we were on our third or fourth lockdown in Ontario.
00:16:24.020 And he decided to go and protest, he wore a mask, and he went by himself, he wanted to start his own
00:16:30.660 protest to say and the lockdowns. And he was charged under I think it was at the time that the the stay
00:16:38.900 at home order. And I mean, the idea that someone protesting or standing outside alone with a mask
00:16:48.500 expressing a political view poses some type of public health threat. It's just absurd. And so
00:16:53.940 we wanted to use this as an opportunity to challenge the broader lockdown provisions. But
00:17:01.460 I mean, in the best interest of Robert, the charges were dropped. So obviously, that's the route that we
00:17:06.820 need to proceed with. But the result of it procedurally is that you don't get a precedent, you don't get to
00:17:13.540 challenge the broader, the broader law, which is really what the problem is here.
00:17:17.860 Well, and you've also done something really interesting, Joanna, instead of organizing it
00:17:22.580 chronologically, which I think probably would have been my instinct as a writer, you've gone by
00:17:26.740 basically sections of the charter and by individual rights and freedoms from, you know, freedom of
00:17:31.860 assembly to, to freedom of movement, freedom of expression, all of these things. And, you know, I think
00:17:37.540 it's easy to just look in general in the abstract or in the, you know, amalgam and say, you know, rights were
00:17:43.380 violated. But when you go through and point specifically to how and which rights, it's a very
00:17:48.900 powerful case. And let me ask you just on religion alone, because, you know, the government's defense of
00:17:53.860 its restrictions on worship ceremonies and services was that, well, you know, you have the right to, you know,
00:17:59.860 be a Christian, you have the right to be a Jew, you have the right to be a Muslim, but, you know, this is just 1.00
00:18:04.660 extraordinary times. But for people of faith, that is the government telling them how their
00:18:09.700 religion must be practiced. I mean, you look at with Judaism, which has very specific guidelines
00:18:15.620 on the number of people that need to be a part of prayer. Government was saying its edicts matter
00:18:20.340 more than these things that we supposedly have a right to define ourselves. Yeah, absolutely. And we
00:18:26.740 talk about in the book that, so for example, because of these, you know, unprecedented restrictions,
00:18:32.820 it brought out some of the frailties in the law itself. So for example, freedom of subjective
00:18:38.100 belief is extremely strongly protected in Canadian law, but freedom of assembly has much weaker
00:18:43.220 protection. And most of its protections are in the context of like labor union strikes and things like
00:18:48.980 that. And so it was quite jarring to religious, you know, religious Canadians that the government had
00:18:56.500 gave such short shrift to the value of in-person worship. I was actually at a conference in the UK this
00:19:02.020 past summer, and I was told that in London or in England at some point, gathering limits were set
00:19:08.100 at five people, at least in Ontario, they were set to 10 people, perhaps in consultation with the Jewish
00:19:13.460 community that would have let them know the minimum amount of people needed for a minion. Having that
00:19:18.980 that aside, there are churches in Canada that are important community hubs, particularly for new
00:19:25.300 Canadians, which elderly Canadians rely on, because, you know, participating by zoom isn't an option for
00:19:32.580 them. And you really saw that the government was just happy to say, well, you can just log on to zoom. And you
00:19:38.740 know, and you know, there's no violation to your religious freedom, the government actually contended in most
00:19:45.380 cases, and was countenanced by judges in many cases, that these strict restriction and gathering limits didn't even
00:19:52.980 engage the right to freedom of religion. And you can read about some of those some of those faith
00:19:57.860 communities in the book. Yeah, and I would also point out, I mean, at the early days, there was a much
00:20:04.820 different attitude. Like I remember when the Ontario government was actually taking a bit of a bit of
00:20:09.780 guidance from the Church of God in Elmer, which was the first one to really try to make drive-in services
00:20:14.820 a thing. And then you fast forward a few months, and you know, the government's having the doors locked,
00:20:19.220 and putting millions of dollars of fines down. And had people at least hiding in the bushes,
00:20:24.740 observing the congregants. Yeah, and I actually had, there was one report that was handed over
00:20:30.660 in Discovery, in which I was named as a person of interest in the police's investigation of that,
00:20:36.020 because I had interviewed the pastor, and they were suspicious that I might attend the service. So
00:20:41.460 they had like, preemptively put me on this on the person of interest list, which was quite an honor,
00:20:46.180 I had never had that before. I would have preferred it to be about something I did,
00:20:49.860 rather than something someone thought I might have done. But that's the insanity here. And I
00:20:54.260 wanted to bring up another dimension of this, that I had almost forgotten, and it was seeing you cite me,
00:21:00.100 that I remembered this, when the government of Ontario had tried to give police the power
00:21:06.980 to stop and question anyone who was outside their home about what they were doing. And, you know,
00:21:12.900 very gratefully, every police department in Ontario, except for the OPP, I think, in the next couple
00:21:18.900 days said, we're not going to do this. But like, that would have seemed insane, if you had said in
00:21:23.860 2019, that that was at all something that government would direct the police to do in a province.
00:21:30.340 Yeah, you did some really great reporting on that. That's, I think you were, you were the person who
00:21:34.900 was literally, quite literally counting which police... Well, like cold calling them all. I spent my weekend doing that. Yeah.
00:21:40.900 But great, great work, Andrew. And it's very valuable. And it's very important that we have
00:21:46.660 a record of that. The reality is that police are the ones who need to interact with the community.
00:21:52.980 And, you know, I'm generally skeptical of police power, but I know police as well. And I know that,
00:21:59.700 for the most part, police want to have a good relationship with their community and have worked
00:22:04.900 hard to develop a relationship of trust with the communities where they are policing. And they are
00:22:11.220 not interested, generally, in stopping mothers taking their children on a walk to a playground,
00:22:18.100 which is what that stay-at-home order was going to do, combined with that police authority to stop people.
00:22:24.580 And I'll point out that this police power to stop people and demand they identify themselves and
00:22:31.940 explain why they're outside their house. It's very similar to a policy that was controversial
00:22:38.660 in Ontario called carding, because carding had resulted in a lot of police interactions with
00:22:45.860 racialized communities, in particular, who are generally over-policed. And the government created a
00:22:53.380 policy that they would no longer engage in carding. And there were constitutional concerns around that
00:22:58.980 policy. And in fact, when, and it is so similar to what was announced and what was announced during
00:23:06.100 the pandemic was actually more extreme than the carding policy, that everyone sitting at that cabinet
00:23:12.820 table would have known how similar this is to carding. And in fact, we know from reporting from,
00:23:19.220 it was from the CBC, they found, they had spoken to someone who disclosed that in cabinet, the attorney
00:23:27.220 general, the provincial attorney general had warned cabinet that this policy is likely unconstitutional.
00:23:33.860 And cabinet and, and the premier Ford proceeded to enact it anyway. And I think that there's real
00:23:39.780 concern that there's bad faith there. The bad faith is that they knowingly enacted an unconstitutional
00:23:45.620 law. And they did it because they wanted some short term gain. And they knew that any judicial
00:23:53.220 oversight over that would not be heard in time before this temporary measure had been repealed. And
00:24:01.540 they would avoid any judicial scrutiny. And I think that that's bad faith. And it's very, very
00:24:07.220 concerning. I mean, there's some relief that the police said we will not enforce this, but it shouldn't
00:24:11.940 just lay with the police to say we won't be enforcing unconstitutional laws.
00:24:17.300 I'll go back to you, Joanna, just as we wind down here, because the subtitle of the book,
00:24:23.460 How Canadian Government Responses to COVID-19 Changed Civil Liberties Forever is a lofty one.
00:24:28.820 And I know in your conclusion, you actually are rather forward looking about this, but I'll ask with a bit
00:24:35.780 of trepidation, because I don't want to know the answer as I think I know the answer. Do you think these
00:24:41.380 changes have been for the better or for the worse? And I'll just, you know, add a bit of an asterisk
00:24:47.060 there when, you know, all of the legal procedures have been exhausted, we have the definitive ruling,
00:24:52.260 do you think that we will end up with fundamentally a less free country than we had going into COVID?
00:24:59.380 I think we have a legal system that has shown how effectively it can obfuscate answering the question
00:25:05.300 with the declarations of mootness, with the deference to government evidence.
00:25:12.420 We were talking to another interviewer who found it remarkable that a lot of these issues weren't dealt with
00:25:18.180 under Section 1. So yes, we can acknowledge there was a rights violation, but maybe under Section 1,
00:25:23.140 which is the justification clause, maybe you can say in public health emergencies, it was justified,
00:25:29.780 but at least to acknowledge for the record that these were rights violations. So we really have
00:25:35.700 seen all of the ways that judges were able to wiggle out of telling the truth. Now I will sort of
00:25:42.020 conclude my remarks on a more optimistic note, which maybe I'm a little bit more of an optimist than
00:25:47.060 Christine. I think it depends on us. I think it depends on the culture that we build. I think it
00:25:52.100 depends on our collective understanding and our collective assessment of whether this was good enough,
00:25:58.580 whether we think that if we have charter rights, which were agreed to democratically, whether they
00:26:04.340 should mean something. And if we understand the sort of fiasco that happened and we'll hold future
00:26:09.940 governments accountable, just out of sort of shock of how abysmally our culture during the last pandemic
00:26:18.420 failed. I think that there could be hope, but it starts with looking in a sober way at how we actually
00:26:26.260 failed. If I knew that you were the optimist of the two, I probably would have reversed this. So we
00:26:30.820 get to end on Christine's dour note, but Christine, or maybe you do have a less dour note, but I'll give
00:26:35.940 you the last word on this. What's the forward looking takeaway you have after writing this?
00:26:40.180 I'm pessimistic. I think not only did the courts do a terrible job protecting our rights, I think people
00:26:46.500 have just shoved that memory away and forgotten it. And I think that I'm very concerned about whatever the
00:26:52.660 next crisis is, we've now broken the glass on the emergencies act, it could be used again in the
00:26:57.860 future, that our culture of civil liberties has been permanently damaged, because we've seen how
00:27:03.700 easily people have come to justify huge intrusions into their rights. I think that we're in a very dark
00:27:09.940 time politically in our discourse where disagreement is not tolerated at all. I'm completely pessimistic,
00:27:19.620 and I'm very dark. I'm in a very dark place, Andrew. But you know, that's why you definitely
00:27:26.020 should have ended with Joanna, but yeah. Well, I'll say this to try to put a somewhat
00:27:31.700 optimistic flavour on it, is that you have to diagnose a problem to fix a problem. So even taking
00:27:37.140 the approach that you have, Christine, and that both of you have through this book, I think is
00:27:40.420 essential to rectifying it, because there is, in a lot of cases, a political response available.
00:27:45.700 And I, you know, I was mentioning earlier, the private members bill in the House of Commons today,
00:27:49.860 again, may or may not pass. But you know, if you have a change in government, and the government
00:27:54.260 is saying, you know, this should never happen, I will not do this, we could perhaps try to normalise
00:27:59.540 civil liberties again. But I realise the courts will always remain a bit of a wildcard there.
00:28:04.740 Nonetheless, it is an incredibly, incredibly important book, I was very honoured to be able to
00:28:09.860 write a small blurb for you, and even more honoured that some of my work helped you put it together.
00:28:14.660 It's called Pandemic Panic, How Canadian Government Responses to COVID-19
00:28:19.140 Changed Civil Liberties Forever. It's by Joanna Barron and Christine Van Gein,
00:28:23.540 and you can also read a bit of their work in C2C Journal this month as well,
00:28:27.620 to get a bit of a sense of what the book holds. Joanna, Christine, thank you so much,
00:28:31.300 and well done with this. Thank you, Andrew. And the book's available on Amazon right now,
00:28:35.380 for anyone interested. All right, wonderful. Yes, do head over there. And last time we had an author on,
00:28:39.940 it, like, spiked up in the numbers. So I'm hoping we can replicate that here. Go to Amazon
00:28:44.020 and check it out. Joanna, Christine, thanks very much. Thanks for listening to The Andrew Lawton Show.
00:28:49.060 Support the program by donating to True North at www.tnc.news.