February 2022

Many of us have heard Prime Minister Trudeau’s hostile comments about the truckers of the Freedom Convoy. We know about the efforts to keep food, fuel, and funds from truckers who, on the face of it, are peaceful demonstrators.

What rights do the truckers have to protest, if the protest annoys the government?

I am reminded of the landmark constitutional case of Roncarelli v. Duplessis, decided by the Supreme Court of Canada in 1959: [1959] SCR 121. Duplessis, premier and attorney-general of Quebec, was annoyed by the Witnesses of Jehovah, a religious group he saw as a small fringe minority with unacceptable views.

The Witnesses were publishing and selling religious tracts. Many Witnesses were charged under City of Montreal by-laws for distributing, peddling, and canvassing without a licence.

Roncarelli, a local restauranteur, acted as surety and provided bail for many of the Witnesses. This was obviously a perfectly legal thing for him to do.

But this helped the Witnesses, so Duplessis ordered the Quebec Liquor Commission to yank Roncarelli’s liquor licence. The Supreme Court of Canada found that Duplessis was wrong to make the order, and the Quebec Liquor Commission was wrong to obey it. The Supreme Court awarded damages.

In future will we think the government and police acted legally and reasonably against the truckers? Or will we see them as oppressors acting against human rights, like Duplessis?

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