canada immigration asylum
Should Canadians be seeking asylum to other countries?
<p>Just wondering, in the plight of some recent news coming from Canada, and the Emergencies Act being evoked (protesters; thier right to protest in a certain area were vanquished and they were arrested); is there any justification for the current government to do so? At this moment as I write, Ottawa is ending the use of the Emergencies Act, the current prime minister says.  And also to note, a State in the USA is trying to pass a bill for these oppressed Canadians to give them temporary asylum.  Should Canadians be fleeing their country in light of what has happened in the past few days?  I believe the CCLA stated, &quot;Let's be clear: There is no legal justification for using the Emergencies Act.&quot;  If there is no legal justification, could Canadians seek asylum in other countries on the evoking of the emergencies act and would other countries take in Canadians seeking asylum from this current  situation?</p>

<blockquote>
<p>Just wondering, in the plight of some recent news coming from Canada,
and the <a href="https://en.wikipedia.org/wiki/Emergencies_Act" rel="noreferrer">Emergencies Act</a> being evoked (protesters; thier right to
protest in a certain area were vanquished and they were arrested); is
there any justification for the current government to do so?</p>
</blockquote>
<p>There is legal justification for the current government to do so. As explained in the link above:</p>
<blockquote>
<p>In the weekend before the invocation of the Emergencies Act, Deputy
Prime Minister Chrystia Freeland, who also serves as the finance
minister, met with the CEOs of the largest Canadian banks to discuss
how they could help resolve the situation. On February 14, 2022,
during the Canada convoy protest, the Emergencies Act was invoked for
the first time in Canadian history by Prime Minister Justin Trudeau's
government, declaring a public order emergency.</p>
<p>Under the Emergency Measures Regulations enacted after the declaration
of emergency, participation in public assemblies that could result in
a breach of peace by disrupting the movements of goods and people,
interfering with the operation of critical infrastructure, or by
supporting violence, was prohibited. Travel to and within places where
these rallies were occurring was restricted, and foreign nationals
were barred from coming to Canada to attend them. The regulations also
specifically outlawed the bringing of children under the age of 18 to
these assembles. Additionally the use, provision, collection, and
solicitation of property and funds to support the prohibited
assemblies or the people participating in them was banned.</p>
<p>The regulations further empowered the federal government to protect
critical infrastructure, Parliament Hill and the parliamentary
precinct, official government residences and buildings, war monuments,
and any other places that may be designated by the minister of public
safety. The federal government was also given the authority to compel
the towing and removal of vehicles, structures, and other objects used
in blockades. Violations of the regulations is punishable by up to 5
years imprisonment and/or a fine up to $5000.</p>
<p>Under the Emergency Economic Measures Order, also enacted pursuant to
the declaration of emergency, crowdfunding platforms and their payment
processors were required to register with the Financial Transactions
and Reports Analysis Centre of Canada (FINTRAC), and report large and
suspicious transactions. Cryptocurrencies are also included in the
expanded financial regulations. Banks were ordered to freeze personal
and corporate bank accounts suspected of being used by people
violating the regulations, and are protected from civil liability in
enforcing the order. Insurance coverage for trucks being used in
blockades will be suspended. Furthermore financial institutions had to
determine on a continuing basis whether any persons violating the
regulations were using their services and were required to promptly
report findings to the RCMP or CSIS (Canadian Security Intelligence
Service).</p>
</blockquote>
<p>Background and links to other stories with background can be found in <a href="https://www.washingtonpost.com/world/2022/02/23/canada-trudeau-revokes-emergencies-act/" rel="noreferrer">a recent article at the Washington Post</a> which notes that:</p>
<blockquote>
<p>Prime Minister Justin Trudeau on Wednesday revoked the use of
emergency powers that he invoked to quell weeks-long blockades in the
Canadian capital that spread to several U.S.-Canada border crossings
and inspired copycats abroad.</p>
<p>“Today, after careful consideration, we’re ready to confirm that the
situation is no longer an emergency,” he said at a news conference in
Ottawa. “Therefore, the federal government will be ending the use of
the Emergencies Act. We are confident that existing laws and bylaws
are now sufficient to keep people safe.”</p>
<p>The move was a shift for Trudeau, who on Monday said his government
still needed the sweeping powers even after the blockades protesting
public health restrictions and his government were cleared over the
weekend because it had “real concerns” that new blockades could pop up
and that protesters might be regrouping at satellite hubs outside
Ottawa.</p>
<p>Trudeau last week became the first leader to invoke the 1988
Emergencies Act, and the House of Commons voted Monday to endorse the
use of the law. But its unprecedented use also drew criticism from
civil liberties groups, some opposition lawmakers and several
provincial premiers, who cast it as government overreach.</p>
<p>The act was written to be a last resort, to use when there were no
other laws on the books that might end an emergency. Several legal
analysts said that it wasn’t clear that the blockades met the
threshold or that authorities had exhausted existing tools. Alberta
Premier Jason Kenney is challenging it in court.</p>
<p>The Emergencies Act allowed police to designate no-go zones where
people participating in prohibited public assemblies or bringing
minors to them could face arrest. One such area was Parliament Hill in
Ottawa and the surrounding precinct.</p>
</blockquote>
<p>The fact that the House of Commons approved the use is pretty much the end of the line since the parliament in Canada <a href="https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Charter_of_Rights_and_Freedoms" rel="noreferrer">has the authority of suspend individual rights in most cases under the Canadian constitution</a>.</p>
<blockquote>
<p>And also to note, a State in the USA is trying to pass a bill for
these oppressed Canadians to give them temporary asylum.</p>
</blockquote>
<p>This is clumsy and naked political posturing. States have no say in immigration matters including asylum and the people trying to pass that bill know perfectly well that such a bill is meaningless even if passed.</p>
<blockquote>
<p>Should Canadians be fleeing their country in light of what has
happened in the past few days?</p>
</blockquote>
<p>No.</p>
<blockquote>
<p>I believe the CCLA stated, &quot;Let's be clear: There is no legal
justification for using the Emergencies Act.&quot;</p>
</blockquote>
<p>The CCLA's statement greatly overstates the situation.</p>
<blockquote>
<p>If there is no legal justification, could Canadians seek asylum in
other countries on the evoking of the emergencies act and would other
countries take in Canadians seeking asylum from this current
situation?</p>
</blockquote>
<p>No.</p>
<p>Asylum requires an individualized threat of persecution which the vast majority of Canadians who didn't participate don't face. Moreover, they would have to show that it violated their human rights without lawful justification which they would be unable to do, and it has to be so severe that it puts your life and ability to live in the long run in your country in danger. Not being permitted to fully protest at a particular place for a week and having your bank accounts frozen for allegedly engaging in illegal activities doesn't meet that threshold.</p>
