Critical Infrastructure Defence Act


The Critical Infrastructure Defence Act , is a bill in Alberta, Canada introduced into the Legislative Assembly of Alberta on February 25, 2020. It received royal assent and was passed into law on June 17, 2020. The bill seeks to legally define infrastructure and create offences and penalties for those who enter, destroy, or obstruct infrastructure. The bill has drawn criticism for targeting Indigenous groups and some believe that it violates aspects of the Canadian Charter of Rights and Freedoms.

Background

The bill was created in response to the 2020 Canadian pipeline and railway protests. Protesters of the Wet’suwet’en First Nation objected to the construction of the Coastal GasLink Pipeline through 190 kilometres of their unceded traditional territory in British Columbia. Protesters blocked construction of the pipeline, preventing workers from accessing parts of the site. On February 6, 2020, RCMP officers charged with enforcing a court ordered injunction arrested those blocking construction. In February through March 2020 solidarity protests sprang up all over the country and included blockades of a port in Vancouver, a rail line in Ontario, and commuter trails in Quebec. Instances of roads and/or bridges being blocked occurred in Calgary, Winnipeg, and Regina.
Solidarity protests occurred in both Calgary and Edmonton, including a rail blockade in Edmonton. In Calgary, approximately 200 protesters marched from TransCanada Tower in downtown Calgary to Reconciliation Bridge on February 10, 2020. They blocked traffic for 2 hours at the intersection of Memorial Drive and Edmonton Trail, before returning to the bridge at police's request. Protesters later marched from the bridge to city hall late Monday afternoon. Protesters connected with police prior to the protest and it was a peaceful event. No arrests were made. In Edmonton, approximately 60 protesters marched along Jasper Avenue and 109th Street Friday on February 14, 2020. Police asked motorists to avoid the area if possible. One protester was taken into custody for allegedly blocking traffic, but was later released with no charges. In Edmonton on February 19, 2020, approximately 20 protesters set up a blockade along a CN rail line for around 12 hours before about 30 counter-protesters dismantled it. Protesters and counter-protesters argued, but there was no violence. Eastbound and westbound cars carrying perishables, industrial products and flammable products were stopped. According to an affidavit signed by superintendent of network operations Jason Hilmanowski on behalf of CN, the impact of the blockade was “severe” and would compound every hour the line was blocked, since it would take several days to deal with the backlog of goods created for customers. CN’s lawyer Adrian Elmslie argued that the Edmonton blockade is a serious safety issue, creating a situation in which dangerous goods can be improperly stored. CN was granted a 30-day injunction against the protesters.
Nation wide blockades and rail delays were said to have had a negative impact on Albertan industries, including economic losses in both agriculture and propane.
On February 25, 2020, Bill 1 was introduced by Premier of Alberta Jason Kenny.The premier said of the bill: “The right to protest does not include being able to prevent your neighbours from getting to work and putting food on the table, or threatening their security. Albertans expect their government to deal with lawlessness and stand up for the values that all law-abiding citizens share. This government is doing just that.” Minister of Justice and Solicitor General Doug Schweitzer echoed these sentiments:
“Over the last number of weeks, Albertans have witnessed the level of economic damage that a small group of lawbreakers can cause through blockades and other illegal protests. Our government will not stand idly by and allow Alberta to be an economic hostage to illegal activity now or ever. The Critical Infrastructure and Defence Act will help protect our way of life by ensuring the rule of law is upheld and the infrastructure that is critical to our province’s economy can continue to operate.”

Bill contents

According to the government of Alberta, the bill was introduced "to protect essential infrastructure from damage or interference caused by blockades, protests or similar activities". The bill: defines essential infrastructure, lists activities regarding essential infrastructure that are prohibited, and introduces penalties for violating any of the prohibited activities.
The bill's definition of "essential infrastructure" includes:
The bill also "allow regulations to expand the definition of essential infrastructure in the future if necessary"

Prohibited activities

Under the bill, individuals are prohibited from:

Penalties

Individuals prosecuted under this bill would be subject to penalties. The penalties are as follows:
Significant provisions:

Indigenous concerns

The law is a direct response to the Wet'suwet'en protests. Many view it as a racially targeted law that violates indigenous rights. Arthur Noskey, Grand Chief of the Treaty 8 First Nations of Alberta, called the bill "racialized" and believes that it will aggravate tensions between police and Indigenous people and provide justification for the arrest and brutalization of indigenous people. Assembly of First Nations Alberta regional chief, Marlene Poitras, is concerned that many indigenous people would not be able to afford the steep fines associated with Bill 1 violations, and many could end up being jailed. She is concerned that the bill will serve to exacerbate the issue of already high incarceration rates among indigenous Canadians. Constitutional and Indigenous rights lawyer and leader of the Alberta Liberal Party, David Khan, said that new law could interfere with Indigenous Peoples' rights to hunt, fish or gather on traditional land.

Potential ''Charter'' violations and concerns over the freedom to protest

A group of law professors from the University of Calgary who have analyzed Bill 1 argue that it violates five different aspects of the Canadian Charter of Rights and Freedoms.
Climate Justice Edmonton organizer Alison McIntosh is concerned that the bill could have a negative impact on grassroots protest movements in Alberta. President of the Alberta Federation of Labour, Gil McGowen, said the broadness of the law could allow the government to potentially shut down political demonstrations at the legislature or interfere with a strike picket line. McGowen said the federation will launch a constitutional challenge and called the legislation "fundamentally undemocratic."
Constitutional and Indigenous rights lawyer and leader of the Alberta Liberal Party, David Khan, has been a vocal opponent of the bill. He has expressed that the bill "criminalizes Albertans' Charter rights of freedom of thought, belief, opinion expression, peaceful assembly association, whether expressing themselves or protesting on private or public land, including city streets & sidewalks." He believes the law to be unconstitutional in part because it is overly broad and not proportional. Khan has stated that because the definition of essential infrastructure is "incredibly broad", the bill "criminalizes peaceful public protests/marches down city streets". Khan has stated that if "Bill 1 becomes law anyone participating in peaceful freedom of assembly/speech protests/marches on city streets for any reason could be arrested and charged and face $25000 in fines or six months in jail". He calls the bill "political theatre", but notes that it has serious implications as "it will take years to challenge in our our courts–& meanwhile it puts a dangerous chill on Albertans' rights to express themselves & protest peacefully about important causes". Khan states that "existing laws are more than sufficient to deal with protestors who get carried away or those who seek to take advantage of peaceful democratic protests to sow division & commit crimes".

Constitutional challenge

On June 23, 2020, The Alberta Union of Provincial Employees filed a statement of claim against the Act at Alberta Court of Queen's Bench. The union argues that the act violates the rights of Albertans to peacefully protest and will hamper the union's ability to engage in collective bargaining, which includes the right to strike. AUPE president Guy Smith stated: "We will fight this all the way to the Supreme Court and we will defend any and all AUPE members or staff who are caught in the bill's crosshairs". Smith further states that the law "is an attack on our freedom to take part in peaceful protests". Smith says "In the past month, we have pledged to stand in solidarity with Indigenous Albertans and Black Albertans and we have always stood hand-in-hand with our fellow workers across sectors". The union is concerned with the lack of clarity about what constitutes "critical infrastructure".