Main Features of Bill 57

Bill 57, the Protection of Critical Infrastructure Act begins with the recitals to the bill, a series of "whereases" which present the Bill as not extremist, but a balance between freedom of expression and assembly, and protection of critical infrastructure from interference:

"WHEREAS there exists a constitutional right to freedom of assembly and freedom of expression, which includes the right to assemble in public places for the purpose of democratic discourse;

"AND WHEREAS throughout Manitoba there exists critical infrastructure the use of which contributes significantly to the health, safety, security and economic well-being of Manitobans;

"AND WHEREAS it is in the interest of all Manitobans that critical infrastructure be protected from interference while respecting the right to assemble for the purpose of democratic discourse; [...]"

What the whole bill actually establishes is the process through which the fight of the people in defence of their rights is to be criminalized by the state under the hoax that it "interferes" with what is called critical infrastructure. The word "interference" is not provided with a definition. The bill suggests that anybody who, through their actions, prevents an owner or an operator of critical infrastructure from building or operating it commits interference.

Vacuous Definition of Critical Infrastructure

The bill gives the following definition of critical infrastructure: "Infrastructure is critical infrastructure if the use or presence of the infrastructure makes a significant contribution to the health, safety, security or economic well-being of Manitobans."

To ensure that the issue of the land is front and centre in this process of criminalization, the bill states: "For the purposes of this Act, land or premises on which critical infrastructure is located is considered to form part of the critical infrastructure."

Spurious Process for the Protection of Critical Infrastructure

The process for protecting critical infrastructure from interference begins with the owner or operator of critical infrastructure applying to the court for an order establishing a critical infrastructure protection zone, when the owner or the operator "believes" that people are interfering with "the construction, operation, use, maintenance or repair of the infrastructure."

The court must hear the application on an urgent basis. If it rules that the infrastructure is critical infrastructure, that its "construction, operation, use, maintenance or repair" is being "interfered with, hindered or delayed," and that an order is necessary to free the infrastructure from interference, the court issues an order establishing a critical infrastructure protection zone on an urgent basis. The bill also provides that the court may issue such an order without an application for an order by the owner or operator if the court "is satisfied that it would be impractical for an applicant" to apply for such an order.

The court order designates an area surrounding the critical infrastructure as a critical infrastructure protection zone and prohibits anyone from entering the zone, prohibits or restricts specified conduct within the zone, and prohibits interference with any access required to bring people or materials into the zone.

Designating an Area Where People May Congregate

A part of the bill claims to protect the "constitutional right to freedom of assembly and freedom of expression, which includes the right to assemble in public places for the purpose of democratic discourse." It is an example of the use of the courts to defend private property rights in the name of deciding on behalf of the people all the limitations which the ruling class considers to be reasonable. The clear aim is to make sure that the role of the people is reduced to one of lobbying governments or employers in a manner which puts no pressure on them and in fact facilitates depriving the people of saying what can and cannot go on on matters which affect their lives.

The bill states that the court that makes the order to create a critical infrastructure protection zone may designate an area near or within the protection zone where people may congregate "for the purpose of exercising their rights to freedom of assembly and freedom of expression." The court has to be satisfied that the designation is necessary for those rights to be protected and that it does not create a safety problem for anyone.

The hypocrisy is such that to protect the claim of the ruling class that the courts are neutral and serve everyone equally, the bill states that the court "must have regard to the need for the area to be on public property, as close to the critical infrastructure as practicable, and visible to members of the public."

The bill contains nothing about forcing governments to define the public interest in a manner which does not serve narrow private interests and to abide by what the people decide.

Offence, Penalties and Seizure Powers Designed
to Create a Lot of Political Prisoners

The bill sets penalties for individuals found guilty of contravening the court order or helping or counselling another person to do so. The penalty is a fine of up to $5,000 or imprisonment for up to 30 days, or both. For a corporation, the penalty is a fine of up to $25,000. When the contravention of the order lasts more than one day, the person is guilty of a separate offence for each day.

The bill also establishes seizure powers. It says: "A peace officer who discovers an offence being committed under this Act may seize any motor vehicle, trailer or other thing that is used as an instrument in the commission of the offence or is evidence of the offence."

The bill also entitles the Court to suspend the person's driver's licence for up to one year or disqualify the person from holding a driver's licence for up to one year when the person found guilty of contravening the Act has used a motor vehicle or trailer in their action. The Explanatory Notes state: "Items used in the commission of the offence, such as motor vehicles or trailers used to establish a blockade, may be seized and forfeited on conviction."

Schedule Concentrates Arbitrary Powers in Government

For good measure, under the schedule which lists infrastructure considered critical, the bill hands over full arbitrary powers to the Manitoba government to decide as it goes along. The bill states that the Manitoba government may also, by regulations, designate other infrastructure as critical infrastructure.

The Schedule sets out 10 categories of critical infrastructure: agriculture and food production; communications; finance; government; health care; justice and public safety; oil, gas and electricity; transportation; waste disposal; and water, sewer and drainage.

The list is much broader than the list that is included in the Alberta government's Bill 1, the Critical Infrastructure Defence Act, which was passed in May 2020. Bill 1 however contained the provision that anything could be defined as “critical infrastructure,” including “a building, structure, device or other thing prescribed by the regulations.” Regulations have yet to be published.

To give a rough idea of what is called critical infrastructure in the Manitoba bill, under agriculture and food production, it includes, among others, animal feed processing and packaging facilities, animal processing facilities, food processing facilities and even grocery stores and other stores that sell food products.

Under health care, it includes ambulance and patient transport services, hospitals and medical clinics, and personal care homes.

Under government, it includes "facilities required for the delivery of government services to the public or for the effective functioning of the Legislature."

It is clear that the government has in mind criminalizing peoples' actions at places such as meat packing plants, hospitals and other health establishments, at the Legislature and other places where people denounce the anti-social offensive and the refusal to protect people against COVID-19. Workers, Indigenous land defenders and others who oppose the dictate of the rail, oil and gas monopolies and defend their rights and their future, as well as youth and farmers organizing actions will all be targets.

The whole bill is an intolerable attack on peoples' right to express their conscience and determine the direction of economic and political affairs to make them serve the needs and interests of the people and not those of the rich.

This article was published in

Volume 51 Number 5 - May 9, 2021

Article Link:
https://cpcml.ca/Tmlm2021/Articles/M510055.HTM