Stratford, ON, lawyer Nicholas Wansbutter addressed widespread questions on social media about the CAF wellness checks.

He said he believes it’s legal, explaining “there's nothing in the National Defense Act or any other laws that prohibit the use of Canadian soldiers in aid of civil authorities.”

Wansbutter noted Canadians have actually “seen this all the time.” He listed examples of the military stepping in to help with snowfalls “over the years,” floodings, and setting up vaccination clinics and “helping out” in seniors’ homes during COVID-19.

In the US, however, this would never fly, Wansbutter noted.

“We have a different culture in Canada, obviously,” he said.

As to whether or not these door knocks are a “good or bad thing,” Wansbutter discussed it seems reasonable to step in and help people in need, but “the problem comes in how these laws are being practically put into effect.”

The lawyer described the “precedents that were set during COVID-19” and raised questions surrounding the “use of emergency powers and what is defined as an emergency.”

“We can see the fallout from COVID-19. Some people might still argue ‘oh that was a valid emergency’ – I would disagree, I think the numbers were completely overblown.”

“Looking at the Freedom Convoy, I mean the courts have now ruled that that was not an emergency. Now it's being appealed, but I think that the federal court ruling, that was some solid legal reasoning.”

“Now look at what else has been determined an emergency – they declared an emergency over an eclipse in the Niagara region. Just recently they declared an emergency over snowfall, where people were locked in their homes for 10 days in the Maritimes.”

“You can see what happens once that barrier has been crossed, of you invoking martial law.”

“Let's called the Emergencies Act what it really is — it's martial law, never been used before. Now that it's been used, the seal has been broken and now these things are being trotted out all the time.”

Wansbutter said that though it is legal for the military to knock, “you do not need to answer the door. You never have to answer the door.”

“I think the best response to send the message to the military, that we don’t think this is a good way for our military to be used, it should be used to defend the country, not to harass citizens, is to not answer the door.”

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