QUESTION PERIOD — Finance
Authority Given to Financial Institutions
February 21, 2022
Very happy with suspending Charter rights in this country.
My question is for the government leader in the Senate. When asked on Thursday about the seizure of Canadians’ bank accounts, Minister Freeland said, “. . . due process remains in place. Charter rights remain in place. And of course, the courts are there . . . .”
In fact, the Trudeau government’s Emergency Economic Measures Order states clearly that, “No proceedings under the Emergencies Act and no civil proceedings lie against an entity for complying with this Order.”
Leader, what recourse do Canadians have if they can’t take legal action against their bank, for example? And why would Minister Freeland suggest that the courts are an option when her government explicitly prohibits these Canadians from availing themselves of that option and their courts?
I will answer some of that today, because the microphone — thank you for your question, of course, and thank you for giving me the opportunity to correct some of the assumptions and statements you have made, including the one that I barely heard, but heard enough.
The Charter has not been suspended. The operation of the courts has not been suspended, and that includes due process and the like.
There are protections for the banks in a very limited sense, but in no respect is it correct to say that the jurisdiction of the courts has been ousted if individuals feel aggrieved by the temporary measures that have been applied to them.
I’m not questioning whether the banks are protected; it’s the citizens who are not protected, government leader.
Earlier today, during a press conference, Minister Freeland said:
For anyone who is concerned that their accounts may have been frozen because of their participation in these illegal blockades and occupation, the way to get your account unfrozen is to stop being part of the blockade and occupation.
That’s from the Deputy Prime Minister this morning.
Government leader, what in the world does that mean? The blockade has been removed on Wellington. Does that mean their accounts are being returned to them, they are all good now, everything is fine? How does one go about proving to their bank that they are no longer part of a blockade that isn’t out there any longer? Is there some form, affidavit or sworn allegiance to the Liberal Party or Justin Trudeau not to criticize them? How will they get their accounts unfrozen?
Honourable colleague, it is challenging to answer these questions when legitimate questions about what protections are available to citizens are interspersed with statements that are not worthy of a response. However, I will respond.
The Deputy Prime Minister and this government have made clear that the ordinary protections of the law — the Charter and the courts — are in place to deal with allegations or claims that people have been treated unjustly. Indeed, court actions are already under way, which is testament to the democratic accountability of this act, an extraordinarily different act than ones that preceded it.
Furthermore, as the honourable senator knows, the banks have had, for the longest time, internal measures in place to deal with clients whom they suspect may have been participating in illegal activities and implicating their accounts. As I said in response to an earlier question, the government is working closely with financial institutions in these circumstances.
