Emergencies Act
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The ''Emergencies Act'' (french: Loi sur les mesures d'urgence) is a
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
passed by the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
in 1988 which authorizes the
Government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown ...
to take extraordinary temporary measures to respond to public welfare emergencies, public order emergencies, international emergencies and war emergencies. The law replaces the ''
War Measures Act The ''War Measures Act'' (french: Loi sur les mesures de guerre; 5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could t ...
'' passed in 1914. It asserts that any government action continues to be subject to the ''
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
'' and the ''
Canadian Bill of Rights The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in rel ...
''. Under the ''Emergencies Act'', the
Cabinet of Canada The Cabinet of Canada (french: Cabinet du Canada) is a body of Minister of the Crown, ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada. Chaired by the ...
can declare a national emergency in response to an urgent and critical situation that cannot be dealt with by any existing law, and either is beyond the capability of a province to deal with it or threatens the
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
of Canada. Before declaring a national emergency, the federal cabinet must consult with provincial cabinets. In the case of a public welfare or public order emergency where the effects of the emergency are confined to, or occur principally in, one province, the ''Emergencies Act'' cannot be used if the provincial cabinet does not indicate that the situation is beyond the capacity of the province to deal with it. Once an emergency is declared, it is subject to confirmation by the House of Commons and
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. The ''Emergencies Act'' has been invoked only once since it was enacted in 1988, in response to the
Canada convoy protest A series of protests and blockades in Canada against COVID-19 vaccine mandates and restrictions, called the Freedom Convoy (french: Convoi de la liberté, links=no) by organizers, began in early 2022. The initial convoy movement was created t ...
in 2022.


History


Impetus and reform proposals

The impetus for reform of the ''
War Measures Act The ''War Measures Act'' (french: Loi sur les mesures de guerre; 5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could t ...
'' came in October 1970 when members of the
Front de libération du Québec The (FLQ) was a Marxist–Leninist and Quebec separatist guerrilla group. Founded in the early 1960s with the aim of establishing an independent and socialist Quebec through violent means, the FLQ was considered a terrorist group by the Canadia ...
(FLQ) kidnapped Pierre Laporte (the provincial labour minister) and British diplomat
James Cross James Richard Cross (29 September 1921 – 6 January 2021) was an Irish-born British diplomat who served in India, Malaysia and Canada. While posted in Canada, Cross was kidnapped by members of the Front de libération du Québec (FLQ) durin ...
. These events, called the
October Crisis The October Crisis (french: Crise d'Octobre) refers to a chain of events that started in October 1970 when members of the Front de libération du Québec (FLQ) kidnapped the provincial Labour Minister Pierre Laporte and British diplomat James C ...
, resulted in Prime Minister
Pierre Trudeau Joseph Philippe Pierre Yves Elliott Trudeau ( , ; October 18, 1919 – September 28, 2000), also referred to by his initials PET, was a Canadian lawyer and politician who served as the 15th prime minister of Canada The prime mini ...
invoking the ''War Measures Act'' for the first time during peacetime. During the October Crisis, concerns were raised in Parliament about instances of possible abuse of civil rights, and ineffective flow of information from Cabinet to Parliament. Trudeau responded to the calls for reform during the October Crisis, stating on November 3, 1970, and January 11, 1971, that Parliament would consider creating new emergency legislation; however, new emergency legislation was not introduced while Trudeau was in office. Parliament considered forming a joint committee of the Senate and House of Commons to deliberate new emergency legislation in 1971 and 1977; however, both efforts were unsuccessful as agreement could not be reached on whether the mandate of such a committee would include an evaluation of the government's use of the ''War Measures Act'' in the October Crisis. As new information came to light on the activities of the
Royal Canadian Mounted Police The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...
's (RCMP) actions during the October Crisis, the Royal Commission of Inquiry into Certain Activities of the RCMP (McDonald Commission) was formed in 1977. Among the McDonald Commission's recommendations in its 1981 final report were several changes to Canada's emergency powers. The McDonald Commission recommended the ''War Measures Act'' be amended to focus on powers necessary during times of war, invasion or insurrection, while other emergencies would be dealt with by ''
ad hoc Ad hoc is a Latin phrase meaning literally 'to this'. In English, it typically signifies a solution for a specific purpose, problem, or task rather than a generalized solution adaptable to collateral instances. (Compare with ''a priori''.) Com ...
'' legislation. The commission also recommended that the role of Parliament be increased during emergencies, including the requirement that Parliament confirm the state of emergency, renew the state of emergency, and, if not sitting, that it be summoned within seven days to make such a declaration. The commission further called for the information used by the government to declare an emergency be presented to Parliament publicly, with sensitive or classified materials being provided to an appropriate committee or during an '' in camera'' session of Parliament (private session). The McDonald Commission also called for: the power to create a new court to hear complaints from individuals whose rights had been infringed; the ''War Measures Act'' to state which elements of Canada's ''Bill of Rights'' would be notwithstanding during a declaration; and that Article 4 rights under the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
never to be overridden. Despite the McDonald Commission report being completed and released publicly in 1981, it was never tabled in Parliament or fully debated. The Task Force on Canadian Unity, established by the Government of Canada after the sovereigntist
Parti Québécois The Parti Québécois (; ; PQ) is a sovereignist and social democratic provincial political party in Quebec, Canada. The PQ advocates national sovereignty for Quebec involving independence of the province of Quebec from Canada and establishin ...
was elected in Quebec in 1976 also called for reform of the ''War Measures Act'', including a declaration of use providing the rationale, greater parliamentary oversight, safeguards for provincial powers, and safeguards for individual liberties. Despite the calls and proposals for reform of the ''War Measures Act'' following the October Crisis, there was no change until the ''Emergencies Act'' was passed by Parliament in 1988. The Progressive Conservative Party under
Brian Mulroney Martin Brian Mulroney ( ; born March 20, 1939) is a Canadian lawyer, businessman, and politician who served as the 18th prime minister of Canada from 1984 to 1993. Born in the eastern Quebec city of Baie-Comeau, Mulroney studied political sci ...
defeated the Liberal government under John Turner in the
1984 Canadian federal election The 1984 Canadian federal election was held on September 4, 1984, to elect members to the House of Commons of the 33rd Parliament of Canada. In one of the largest landslide victories in Canadian political history, the Progressive Conservative ...
, and in 1987 the Mulroney government released a
white paper A white paper is a report or guide that informs readers concisely about a complex issue and presents the issuing body's philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision. A white paper ...
on reforming Canada's defence policy. It called for the creation of comprehensive emergency legislation, and the government commissioned a series of studies on emergency and defence topics. The studies considered four options for emergency legislation and recommended that a single comprehensive law be provided with four unique types of emergencies with unique powers, procedures and safeguards.


Legislative history

The ''Emergencies Act'' was introduced by Minister of National Defence Perrin Beatty in the second session of the
33rd Canadian Parliament The 33rd Canadian Parliament was in session from November 5, 1984, until October 1, 1988. The membership was set by the 1984 federal election on September 4, 1984, and it only changed slightly due to resignations and by-elections prior to being ...
as Bill C-77. Its first
reading Reading is the process of taking in the sense or meaning of Letter (alphabet), letters, symbols, etc., especially by Visual perception, sight or Somatosensory system, touch. For educators and researchers, reading is a multifaceted process invo ...
was on June 26, 1987, and second reading was on November 2, 1987. The bill received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on July 21, 1988, replacing the ''
War Measures Act The ''War Measures Act'' (french: Loi sur les mesures de guerre; 5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could t ...
''. Parliament intended it to provide more
civil right Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life o ...
s protections and less likelihood for
abuse of power Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
than the ''War Measures Act''. A number of amendments were made to Bill C-77 between the second and third readings. The definition of "national emergency" and the situations under which the bill could be invoked was defined more restrictively to limit broad use. The definition which passed second reading was removed, "an urgent and critical situation of a temporary nature that imperils the well-being of Canada as a whole or that is of such proportions or nature as to exceed the capacity or authority of a province to deal with it" and replaced with two possible conditions, one which "seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it" or a condition which threatens the
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
of Canada. The reasoning for the change was the understanding that many emergencies were "urgent", "critical" or "temporary", but not sufficient in gravity for use of the ''Emergencies Act''. Another amendment made after second reading allowed government decisions under a declared emergency to be reviewed by the courts based on whether the actions taken were reasonable.


Provisions

Under the ''Emergencies Act'', the Governor in Council (i.e., the federal cabinet) may declare that an emergency exists. The emergency must be a "national emergency", which means an "urgent and critical situation of a temporary nature" that either "(a) seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or (b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada and that cannot be effectively dealt with under any other law of Canada". The ''Emergencies Act'' contemplates four distinct types of emergencies: a public welfare emergency, a public order emergency, an international emergency, and a war emergency. It uses a "finely graded set of provisions" to respond to each type. The four categories of emergency are triggered in separate circumstances and a declaration of an emergency under each category gives the government a separate set of powers. Once Cabinet has declared an emergency, it can make orders in council or proclaim
regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For ...
pursuant to the declaration. Under the ''Emergencies Act'', a declaration of an emergency by the Cabinet must be reviewed by Parliament. Any temporary laws made under the act are subject to the ''Canadian Charter of Rights and Freedoms'' and the ''Bill of Rights'', and must have regard to the ''
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
''. Once a national emergency is declared, a motion for confirmation of a declaration of emergency must be tabled in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and House of Commons within seven days after a declaration of emergency is made by the Governor in Council. If either chamber is
prorogued A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections ...
or in recess, its members must be recalled. If both chambers adopt the motion, the declared emergency remains in place for its original duration, subject to renewal (also subject to parliamentary scrutiny). Either chamber may end the emergency declaration by voting against it. Additionally, a Parliamentary Review Committee with representation from each
recognized party Official party status refers to the Westminster practice which is officially used in the Parliament of Canada and the provincial legislatures of recognizing parliamentary caucuses of political parties. In official documents, this is sometimes ...
must be formed. Within 60 days of the expiration of the emergency, the law requires the government to convene a
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and table a report in Parliament within 360 days following the emergency's expiration.


Public welfare emergency

Part I of the ''Emergencies Act'' describes "public welfare emergencies" which result, or may result, in danger to life or property, services or resources, so serious as to be a national emergency. Public welfare emergencies include
natural hazard A natural hazard is a natural phenomenon that might have a negative effect on humans and other animals, or the environment. Natural hazard events can be classified into two broad categories: geophysical and biological. An example of the distinct ...
s such as fire, flood, drought, storm, or earthquakes; biological hazards including disease affecting humans, animals or plants; and man-made hazards such as accidents or pollution. Section 7 of the act states a public welfare emergency declaration persists for 90 days, subject to being extended through another proclamation, or ended earlier.


Public order emergency

Part II of the ''Emergencies Act'' describes "public order emergency" results from serious threats to the security of Canada. When defining "threats to the security of Canada", the act references the definition provided in the ''Canadian Security Intelligence Service Act'', which includes
espionage Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...
, sabotage, detrimental foreign influences, activities which support the threat or use of violence for a political, religious or ideological objective; or those activities which threaten to undermine or otherwise destroy, or overthrow the Government of Canada. The ''Canadian Security Intelligence Service Act'' notes that "lawful advocacy, protest or dissent" do not constitute "threats to the security of Canada". Section 18 of the act states a public order emergency declaration persists for 30 days, subject to being extended through another proclamation, or ended earlier.


International emergency

Part III of the ''Emergencies Act'' describes "international emergency", which results from acts of intimidation, coercion, or the real or imminent use of force from one or more other countries against Canada. An international emergency would fall short of an armed conflict which would permit a "war emergency", instead the international emergency was proposed for times of "heightened international tensions" and "rapid deterioration of relations among nations". Peter Rosenthal likened the purpose of an international emergency to events similar to the
Cuban Missile Crisis The Cuban Missile Crisis, also known as the October Crisis (of 1962) ( es, Crisis de Octubre) in Cuba, the Caribbean Crisis () in Russia, or the Missile Scare, was a 35-day (16 October – 20 November 1962) confrontation between the United S ...
. Under an international emergency, additional powers are provided to the government as it relates to supplies for national defence, including search and seizure as it relates to scarce commodities, hoarding, black market operations and fraud. Section 29 of the act states an international emergency declaration persists for 60 days, subject to being extended through another proclamation, or ended earlier.


War emergency

Part IV of the ''Emergencies Act'' describes a "war emergency" which results from war or armed conflict involving Canada or an allied nation. While a "war emergency" provides the government with significant authority to make orders or regulation beyond the categorical limits of other emergencies, however, a war emergency does not provide the authority to implement
conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
under the act. Section 39 of the act states a war emergency declaration persists for 120 days, subject to being extended through another proclamation, or ended earlier.


Analysis

According to the legal scholars Craig Forcese and Leah West, the ''Emergencies Act'' provides for "the stiffest government emergency powers of any emergency law in Canada". The ''Emergencies Act'' does not delineate what role the courts may play during an emergency. Forcese and Aaron Freeman suggest that this leaves intact courts' ordinary powers of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
in Canadian administrative law and constitutional review under the ''Charter''. Legal scholar Robert Martin argues that the act's requirement that the Governor in Council have "reasonable grounds" to believe that an emergency exists "leaves open the possibility of judicial review of the invocation of emergency powers".
Irvin Studin Irvin Studin (born 1976) is a Canadian academic, publisher, writer, and think tank president. He is the founder, editor-in-chief, and publisher of ''Global Brief'' magazine, and president of The Institute for 21st Century Questions, a leading Can ...
traces the federal government's power under the ''Emergencies Act'' to the peace, order, and good government clause in the '' Constitution Act, 1867''.


Uses

The ''Emergencies Act'' has been used once, in response to the
Canada convoy protest A series of protests and blockades in Canada against COVID-19 vaccine mandates and restrictions, called the Freedom Convoy (french: Convoi de la liberté, links=no) by organizers, began in early 2022. The initial convoy movement was created t ...
in 2022. The ''
War Measures Act The ''War Measures Act'' (french: Loi sur les mesures de guerre; 5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could t ...
'', which the ''Emergencies Act'' replaced, was used on three occasions: during both the
First First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
and
Second The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds ...
World Wars, and during the 1970
October Crisis The October Crisis (french: Crise d'Octobre) refers to a chain of events that started in October 1970 when members of the Front de libération du Québec (FLQ) kidnapped the provincial Labour Minister Pierre Laporte and British diplomat James C ...
.


Proposed use in response to the COVID-19 pandemic

On April 9, 2020,
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Justin Trudeau Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 2 ...
sent a letter to the provincial and territorial premiers to consult about invoking the ''Emergencies Act'' due to the
COVID-19 pandemic in Canada The COVID-19 pandemic in Canada is part of the ongoing worldwide pandemic of coronavirus disease 2019 (). It is caused by severe acute respiratory syndrome coronavirus 2 (). Most cases over the course of the pandemic have been in Ontario, Que ...
. While consultation with the provinces is a required step before a national emergency can be declared, the Prime Minister's Office said there was no present plan to invoke it and that doing so remained a last resort. On a conference call between Trudeau and the premiers later that day, the premiers communicated their unanimous opposition to invoking the act.


Canada convoy protest

On February 14, 2022, during the Canada convoy protest, Prime Minister Justin Trudeau's government declared a public order emergency, invoking the ''Emergencies Act'' for the first time. Under the ''Emergency Measures Regulations'' issued after the declaration of emergency, participation in public assemblies that could result in a breach of peace by disrupting the movements of goods and people, interfering with the operation of critical infrastructure, or by supporting violence, were prohibited. Travel to and within places where these rallies were occurring was restricted, and foreigners were barred from coming to Canada to attend them. The regulations also specifically outlawed the bringing of children under the age of 18 to these assembles. Additionally the use, provision, collection, and solicitation of property and funds to support the prohibited assemblies or the people participating in them was banned. The regulations further empowered the federal government to protect critical infrastructure, Parliament Hill and the parliamentary precinct, official government residences and buildings, war monuments, and any other places designated by the minister of public safety. The federal government was also given the authority to compel the towing and removal of vehicles, structures, and other objects used in blockades. Violations of the regulations was punishable by up to five years' imprisonment, a fine up to $5,000, or both. Under the ''Emergency Economic Measures Order'', also issued pursuant to the declaration of emergency,
crowdfunding Crowdfunding is the practice of funding a project or venture by raising money from a large number of people, typically via the internet. Crowdfunding is a form of crowdsourcing and alternative finance. In 2015, over was raised worldwide by crow ...
platforms and their payment processors were required to register with the Financial Transactions and Reports Analysis Centre of Canada, and report large and suspicious transactions.
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were also included in the expanded financial regulations. Banks were ordered to freeze personal and corporate bank accounts suspected of being used by people violating the regulations, and were protected from civil liability in enforcing the order. Insurance coverage for trucks being used in blockades was suspended. Furthermore, financial institutions had to determine on a continuing basis whether any persons violating the regulations were using their services and were required to promptly report findings to the RCMP or the Canadian Security Intelligence Service (CSIS). In accordance with the requirements of the ''Emergencies Act'' the government introduced a motion for the confirmation of the declaration of emergency on February 17, and debate was planned to continue through the weekend with a vote scheduled for February 21 at 8:00 pm. Though interrupted by police operations against the protesters on February 18, debate otherwise proceeded as planned and the House of Commons voted to confirm use of the act 185 to 151, with the Liberals and
New Democratic Party The New Democratic Party (NDP; french: Nouveau Parti démocratique, NPD) is a federal political party in Canada. Widely described as social democratic,The party is widely described as social democratic: * * * * * * * * * * * * t ...
(NDP) in support, and the Conservatives and
Bloc Québécois The Bloc Québécois (BQ; , "Québécois people, Quebecer Voting bloc, Bloc") is a list of federal political parties in Canada, federal political party in Canada devoted to Quebec nationalism and the promotion of Quebec sovereignty movement, Que ...
voting against the motion. Immediately after the vote, interim Conservative leader Candice Bergen filed a motion to revoke the declaration of emergency under section 59. Debate in the Senate began on February 22, with members required to take an oath of secrecy. A vote was expected as early as that evening but debate proved more contentious than anticipated with several senators challenging the government to disclose the basis for invoking and continuing the state of emergency, even as blockades and protests had been cleared.


Reactions

The announcement had varied reactions. Several provincial premiers expressed concerns, including the premiers of
Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
,
Saskatchewan Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
,
Manitoba Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...
, and
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
. Doug Ford, the premier of
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
, the centre of the protest, expressed support for the measure. NDP leader
Jagmeet Singh Jagmeet Singh Jimmy Dhaliwal ( ; born January 2, 1979) is a Canadian politician who has served as the leader of the New Democratic Party (NDP) since 2017. Singh has sat as the member of Parliament (MP) for Burnaby South since 2019.Canadian Civil Liberties Association criticized the declaration of emergency, saying that the "high and clear" threshold for invocation that the situation cannot be resolved through the regular application of existing laws had not been met, and that normalization of emergency legislation would erode democracy and civil liberties. On February 18, it filed for judicial review of the government's decision to invoke the ''Emergencies Act'', claiming the invocation was unjustified and unconstitutional. The Canadian Constitution Foundation (CCF) announced intent to sue on similar grounds. On February 19, Alberta Premier Jason Kenney also said that the province would file a court challenge to the federal government's use of the law. A few days later, Saskatchewan Premier
Scott Moe Scott Moe (born July 31, 1973) is a Canadian politician serving as the 15th and current premier of Saskatchewan since February 2, 2018. He is a member of the Legislative Assembly of Saskatchewan for the riding of Rosthern-Shellbrook, first elect ...
said that his province was also considering a court challenge. On February 20,
Edward Snowden Edward Joseph Snowden (born June 21, 1983) is an American and naturalized Russian former computer intelligence consultant who leaked highly classified information from the National Security Agency (NSA) in 2013, when he was an employee and su ...
compared the freezing of bank accounts to similar actions by the Chinese and Russian governments, and commended the Canadian Civil Liberties Association for its challenge to the use of the law.


Opinion polling

Opinion polling conducted by Maru Public Opinion showed that 66 per cent of Canadians supported the use of the act. Support was highest in
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
, Quebec, and
Atlantic Canada Atlantic Canada, also called the Atlantic provinces (french: provinces de l'Atlantique), is the region of Eastern Canada comprising the provinces located on the Atlantic coast, excluding Quebec. The four provinces are New Brunswick, Newfoundlan ...
, with 75 per cent, 72 per cent, and 72 per cent of the populations in those regions supporting the invocation respectively, and with a majority in every province backing the use of the act. A poll by Mainstreet Research, conducted slightly later, on February 16 and 17, measured overall support and opposition at 51 per cent and 44 per cent respectively.
Abacus Data Abacus Data is a Canadian polling and market research firm based in Ottawa, Ontario. It was founded in August 2010,
found support at 57 per cent and opposition at 30 per cent in poll conducted between February 17 and 22. A poll conducted by Research Co between February 18 and the 20 found that 66 per cent believed the use of the act was justified, against 28 per cent who did not. A poll conducted by Nanos Research on February 23 and 24, after the declaration of emergency had been revoked, found support for the liberals' decision to invoke the act was at 63 per cent, and opposition at 36 per cent. Retrospective polling conducted by Angus Reid in May showed that 46 per cent of Canadians thought that the use of the act was necessary to clear out the protesters, 34 per cent thought that the police had sufficient powers to clear it without invoking the act, and 15 per cent opposed any government action to clear out the protesters.


Revocation

On February 23, Prime Minister Trudeau announced that the federal government would revoke the emergency declaration. Debate in the Senate was halted after the announcement. Later that day, the governor general signed a proclamation revoking it. Despite its revocation, the Canadian Civil Liberties Association and the province of Alberta said they would proceed with challenges to the use of the law. In April, in response to disclosure requests in the legal challenge, the Canadian government declined to disclose documents related to the use of the act, citing cabinet confidentiality. The documents included Public Safety Minister Marco Mendicino's submissions on the factual and legal basis for the invocation, records of the alternatives considered and rejected, and a record of the cabinet's decisions (possibly including a tally of the final cabinet vote).


Parliamentary review committee

In March, a joint parliamentary committee named the
Special Joint Committee on the Declaration of Emergency Special or specials may refer to: Policing * Specials, Ulster Special Constabulary, the Northern Ireland police force * Specials, Special Constable, an auxiliary, volunteer, or temporary; police worker or police officer Literature * ''Specia ...
(DEDC) began investigating the use of the act. The committee is composed of seven members of Parliament and four senators. Various government officials testified before the committee on April 26, including Canadian Security Intelligence Service Director David Vigneault, RCMP Commissioner
Brenda Lucki Brenda Lucki is a Canadian police officer who was appointed the 24th commissioner of the Royal Canadian Mounted Police on April 16, 2018. She is the first female to permanently hold the position. By virtue of her role, Lucki is the ''ex-offici ...
, Minister of Public Safety Marco Mendicino, and Minister of Justice David Lametti. Both Mendicino and Lametti invoked cabinet confidentiality in refusing to answer some questions.


Rouleau inquiry

On April 25, 2022, Trudeau appointed Justice
Paul Rouleau Paul S. Rouleau is a justice of the Court of Appeal for Ontario, Canada. He was the commissioner of the Public Order Emergency Commission that conducted the Inquiry into Emergencies Act mandated by law to study and report on the circumstances t ...
as commissioner of an inquiry into the invocation of the ''Emergencies Act''. The inquiry is independent of the parliamentary review committee. By law, the inquiry must complete its report and submit it to Parliament by February 20, 2023. The inquiry was scheduled initially to start on September 19 and run until October 28. Due to Justice Rouleau undergoing surgery, the inquiry was delayed, and the public hearings ran from October 13 to December 2. A government press release said it is hoped investigations will "prevent these events from happening again". Conservatives said the investigations are too focused on the actions of protesters and their fundraising, and not on justifying the use of the ''Emergencies Act'' or determining whether it was appropriate for it to have been invoked.


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External links


''Emergencies Act''
via
Department of Justice Canada The Department of Justice (french: Ministère de la Justice) is a department of the Government of Canada that represents the Canadian government in legal matters. The Department of Justice works to ensure that Canada's justice system is as fair, ...
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''Special Temporary Measures for Public Order Emergency'', PC 2022-0106
text of 2022 order in council invoking the act

published in the '' Canada Gazette'' {{Authority control 1988 in Canadian law Canadian federal legislation Emergency laws Legal history of Canada