Opposition warns PC bill could chill rights of protesters

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This article was published 15/03/2021 (1674 days ago), so information in it may no longer be current.

THE Pallister government is looking at levying substantial fines against protesters who block trains, threaten oil pipelines, hamper certain construction projects or even prevent the “effective functioning” of the Manitoba legislature.

Bill 57 would allow the owners or operators of “critical infrastructure” to apply to the Court of Queen’s Bench for an order to stop or limit protests.

The court would have to be satisfied the infrastructure for which protection is sought qualifies as “critical,” and it is being interfered with to such an extent an order is necessary to enable its safe and timely construction, use or operation.

Those who disobey the court orders would face daily fines of up to $5,000 for individuals and $25,000 for corporations. Individuals could also face up to 30 days in jail.

“We believe that this bill gets it right,” Justice Minister Cameron Friesen said after the bill was distributed to MLAs on Monday.

“It seeks to establish a good balance between the rights that people have in this province to assemble, to have their voices heard… (and) at the same time… recognize that we have an obligation to keep goods moving, to keep infrastructure open.”

The Protection of Critical Infrastructure Act would allow the court to establish “a critical infrastructure protection zone” at or around a particular site wherein protesters were forbidden from entry or their actions curbed.

Judges could also designate specific areas at or near these sites where protests would be allowed. The bill would include a provision ensuring the court hear applications for protection zone orders on an expedited basis.

Premier Brian Pallister expressed frustration early last year at the economic losses from cross-country rail blockades in support of B.C. hereditary chiefs who challenged the route of a natural gas pipeline.

Friesen, however, maintained Monday the Manitoba government was being “proactive” with Bill 57, and not reacting to any particular incidents.

“The intent… would be to allow for people to gather, allow for their voices to be heard, but to keep them and everyone safe while ensuring the unfettered operation, construction or use of that infrastructure,” he told reporters.

The bill names 10 broad categories of critical infrastructure, including: agriculture and food production, finance, health-care institutions, courthouses and prisons, government, oil, gas and electricity, transportation, and waste disposal.

Opposition MLAs said Bill 57 would cast a chill on citizens’ rights to protest.

“I think it’s pretty clear to Manitobans that (Pallister) will attempt to silence anyone who disagrees with him. And this bill does just that,” said NDP justice critic Nahanni Fontaine.

She said it’s hypocritical of the government to control protests at infrastructure sites, yet block repeated Opposition attempts to legislate protest buffer zones around abortion clinics.

Fontaine accused Pallister of “using his legislative powers to silence those that are attempting to protect Manitobans and Canadians from a variety of different activities, including climate change.”

Liberal Leader Dougald Lamont said Bill 57 is “another example of the sort of crypto-fascist tendencies” of the Progressive Conservative government.

The protesters the premier appears to be targeting in the bill were asking their rights be respected, he said. “It’s Indigenous people whose land and basic rights have not been respected.”

While the legislature is mentioned specifically in the bill, Friesen said the government is not trying to stifle protest at the Legislative Building.

“That is not the intent of the bill,” he told reporters.

However, it could be invoked if there was a protest that prevented legislators from doing their job, Friesen said.

larry.kusch@freepress.mb.ca