We need a National Summit on Protest and Human Rights*

The siege of downtown Ottawa is not yet over, but it’s time to start discussing what needs to happen next.  

There will be eventual reviews of police tactics, and examination of the actions of politicians. But for us, top of mind, is the need for a probing conversation about where regard for human rights has been over these past two weeks.

Human rights have been asserted and violated, co-opted and undermined throughout the occupation of Ottawa and other protests across the country. Protesters raise human rights concerns related to COVID public health policies. The essential human right to protest has been embraced as a carte blanche justification for all manner of conduct. And the human rights of thousands of people, particularly in Ottawa’s Centretown neighbourhood, have been held hostage. This is about human rights at every turn, but a clear human rights framework has been nowhere to be found.

As passionate human rights defenders and residents of Ottawa, it is clear to us that using the word protest to describe this convoy does not make it so. What we have seen is persistent harms to others, and the weaponization of Indigenous cultures, the Canadian flag and human rights, in an effort to give cover to violent and disrespectful conduct.  Talking of protest in this context denigrates legitimately peaceful protest across the country and around the globe.

Faced with critical concerns that have been spotlighted by the occupation and protests, governments should move quickly to convene a National Summit on Protest and Human Rights. Here are five core questions that need to be explored.

First, what is “peaceful” protest?  It is a precious right that must be defended with vigilance. The four of us have enthusiastically exercised it, repeatedly, seeking to make Canada a better country, such as by addressing inequitable public services for First Nations children. But it is not an absolute right. International human rights principles are clear that the freedoms of expression, association and assembly allow restrictions to protect the rights of others and ensure public safety. Do protest rights include the right to show up in large and menacing trucks, occupy city streets and sidewalks, blare horns and emit noxious diesel fumes at will? Some clarity might be in order.

Second, do we acknowledge the inherent differences between demonstrations organized by social movements, community groups or political parties, and those mounted by Indigenous peoples, particularly with respect to land rights? Tractor trailers barricading Ottawa’s streets and Indigenous land defenders blocking a logging road in their traditional territory are not comparable. Different human rights considerations, legal obligations, and constitutional requirements apply.

Third, where is the consistency in how protests are policed?  The leniency shown by police in downtown Ottawa differs dramatically from the heavy-handed and violent responses and quick rush to obtain injunctions when dealing with Indigenous land protests, homeless encampments, environmental blockades, and demonstrations against systemic racism. It is not good enough, as we have heard repeatedly, to excuse the hands-off attitude of Ottawa police, especially in early days, as reflective of a simple desire to deescalate. There is more at play, and it needs honest examination.

Fourth, how can government and police coordination be improved for better outcomes?  There is nothing new about confused jurisdiction in Canada when it comes to governments meeting social needs, or sorting out overlapping responsibilities of the RCMP, provincial police and municipal forces. This reflects a longstanding failure by federal, provincial and territorial governments to ensure well-coordinated implementation of the country’s international human rights obligations.  And what about the inclusion of Indigenous governments and of municipalities in that equation? Now is the time to change that.

Finally, how will we address ugly and toxic displays of racism, misogyny, homophobia and transphobia, and hate? Protesters insist that the actions of a “few bad apples” should not spoil the rest. Wrong answer. Why did haters feel emboldened to join in and fly vile flags, and taunt passers-by with racist chants and threats of violence? What did fellow protesters, police and politicians do to shut down the hate? Is there clear recognition of the trauma and harm caused by hate? Of the fear and intimidation felt by racialized and vulnerable communities?

There are tough questions to explore after the takeover of the nation’s capital; events that have shaken many and profoundly affected us all. But it is now clear that we must earn our reputation as a peaceful, tolerant nation. To do so, we will need to come together, examine, learn and change; for human rights.

* Co-authored with Cindy Blackstock, Leilani Farha and Monia Mazigh and published as an Opinion Piece in the Ottawa Citizen on February 8, 2022.