{"id":406266,"date":"2022-02-16T00:41:30","date_gmt":"2022-02-15T21:41:30","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/"},"modified":"2022-02-16T00:41:30","modified_gmt":"2022-02-15T21:41:30","slug":"what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/","title":{"rendered":"#What is the Emergencies Act and what Ottawa can\u2014and can&#8217;t\u2014do with it"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_85 counter-hierarchy ez-toc-counter ez-toc-custom ez-toc-container-direction\">\n<p class=\"ez-toc-title\" style=\"cursor:inherit\">Table of Contents<\/p>\n<label for=\"ez-toc-cssicon-toggle-item-6a412985aa847\" class=\"ez-toc-cssicon-toggle-label\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #dd3333;color:#dd3333\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #dd3333;color:#dd3333\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/label><input type=\"checkbox\"  id=\"ez-toc-cssicon-toggle-item-6a412985aa847\" checked aria-label=\"Toggle\" \/><nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_When_and_why_was_the_Emergencies_Act_created\" >Q. When and why was the Emergencies Act created?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_What_types_of_situations_does_the_Act_set_out_as_being_appropriate_for_its_use\" >Q. What types of situations does the Act set out as being appropriate for its use?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_So_is_it_a_case_that_the_Emergencies_Act_provides_a_broad_framework_of_powers_that_are_available_to_the_federal_government_and_they_then_have_to_tailor_or_state_which_ones_theyre_invoking_in_a_specific_case\" >Q. So is it a case that the Emergencies Act provides a broad framework of powers that are available to the federal government, and they then have to tailor or state which ones they\u2019re invoking in a specific case?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_What_are_the_consequences_or_the_enforcement_mechanism_there\" >Q. What are the consequences or the enforcement mechanism there?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_What_does_the_Act_not_do_This_became_a_live_issue_yesterday_when_The_New_York_Times_reported_that_Canada_was_revoking_civil_liberties_which_is_not_the_case\" >Q. What does the Act not do? This became a live issue yesterday when\u00a0The New York Times\u00a0reported that Canada was revoking civil liberties, which is not the case.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_In_this_situation_with_the_blockades_what_were_some_of_the_key_powers_the_federal_government_said_it_was_invoking\" >Q. In this situation with the blockades, what were some of the key powers the federal government said it was invoking?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_There_was_also_compelling_services_like_tow_trucks_as_well_right\" >Q. There was also compelling services like tow trucks as well, right?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_In_your_estimation_what_was_not_possible_to_do_before_invoking_this_Act_Were_there_capabilities_still_on_the_table_that_werent_being_fully_exercised\" >Q. In your estimation, what was not possible to do before invoking this Act? Were there capabilities still on the table that weren\u2019t being fully exercised?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_We_saw_the_Prime_Minister_consulting_the_provinces_yesterday_in_a_first_ministers_meeting_before_invoking_this_Do_the_provinces_have_to_agree_before_invoking_the_Emergencies_Act\" >Q. We saw the Prime Minister consulting the provinces yesterday in a first ministers meeting before invoking this. Do the provinces have to agree before invoking the Emergencies Act?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/buradabiliyorum.com\/en\/what-is-the-emergencies-act-and-what-ottawa-can-and-cant-do-with-it\/#Q_What_are_some_of_the_concerns_here_or_critiques_about_invoking_the_Act_the_slippery_slope_worries_we_often_see_when_it_comes_to_civil_liberties\" >Q. What are some of the concerns here or critiques about invoking the Act, the slippery slope worries we often see when it comes to civil liberties?<\/a><\/li><\/ul><\/nav><\/div>\n<p>&#8220;<strong>#What is the Emergencies Act and what Ottawa can\u2014and can&#8217;t\u2014do with it<\/strong>&#8221;<\/p>\n<div>\n                                                                        On Monday, Prime Minister Justin Trudeau announced he was invoking the federal Emergencies Act to try to end the protest blockades that have entr<a href=\"https:\/\/buradabiliyorum.com\/en\/category\/download-scripts-themes-apps\/\" data-internallinksmanager029f6b8e52c=\"9\" title=\"Download Scripts &amp; Themes &amp; Apps\" target=\"_blank\" rel=\"noopener\">app<\/a>ed downtown Ottawa and disrupted international border crossings across the country for weeks.<\/p>\n<p>This is the first time the Act has ever been used, so <em>Maclean\u2019s<\/em> spoke to Nomi Claire Lazar, a professor in the Graduate School of Public and International Affairs at the University of Ottawa and author of the book <em>States of Emergency in Liberal Democracies<\/em>\u00a0about what this allows the government to do, why the law exists and what are the limitations on its power.\u00a0This conversation has been lightly edited for length and clarity.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_When_and_why_was_the_Emergencies_Act_created\"><\/span>Q. When and why was the Emergencies Act created?<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. The Emergencies Act came into force in 1988. It took a lot of debate to design this piece of legislation because it was intended to fix problems in the previous emergency legislation, the War Measures Act, which had been prone to quite a lot of abuse over the years. The War Measures Act came into force in 1914 during the First World War, and it\u2019s infamous for being used during the Second World War to intern Japanese-Canadians. So that abuse was very much in the background, alongside the abuses that took place after the first Prime Minister [Pierre] Trudeau invoked the War Measures Act during the October Crisis. At that time, the RCMP made mass arrests, confiscating property. There was an inquiry and it was <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/general\/\" data-internallinksmanager029f6b8e52c=\"3\" title=\"General\" target=\"_blank\" rel=\"noopener\">general<\/a>ly felt that this legislation was too broad and not in line with the principles in the Charter of Rights and Freedoms.<\/p>\n<p>So the purpose of the Emergencies Act was to have a piece of emergency legislation that was careful, that had more checks and balances and that could sit alongside the Charter of Rights and Freedoms.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_What_types_of_situations_does_the_Act_set_out_as_being_appropriate_for_its_use\"><\/span>Q. What types of situations does the Act set out as being appropriate for its use?<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. There are four different kinds of emergencies in the Emergencies Act. This is one of the things that makes it such a good piece of legislation, because often emergency powers are sort of a blanket thing: you declare an emergency and then you can do lots of stuff. But our emergency legislation ties the available powers to the seriousness and character of the situation.<\/p>\n<p>So the four different types of emergencies are a public welfare emergency that usually pertains to things like natural disaster; then there\u2019s a public order emergency, which is the one we\u2019re under right now, and that pertains to threats to national security; then there\u2019s an international emergency, which might have to do with the threat of invasion; and then finally a war emergency, if we\u2019re in a condition of war. For each one, there are increasing powers that the Governor in Council can use, that are tiered to the situation.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_So_is_it_a_case_that_the_Emergencies_Act_provides_a_broad_framework_of_powers_that_are_available_to_the_federal_government_and_they_then_have_to_tailor_or_state_which_ones_theyre_invoking_in_a_specific_case\"><\/span>Q. So is it a case that the Emergencies Act provides a broad framework of powers that are available to the federal government, and they then have to tailor or state which ones they\u2019re invoking in a specific case?<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. That\u2019s also a requirement under international law. Canada is a signatory to the International Covenant on Civil and Political Rights (ICCPR), and right in the Act itself, it states that not only should this act sit alongside the Charter, but it should also sit alongside Canada\u2019s obligations under the ICCPR. That means that there are two ways the government has to report which specific powers it\u2019s using. One is to Parliament and the other ultimately will be to the relevant committee of the United Nations. So when a country declares a state of emergency and derogates (deviates from) its duties under the ICCPR, it has to basically confess and state exactly which rights it derogated, and why.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_What_are_the_consequences_or_the_enforcement_mechanism_there\"><\/span>Q. What are the consequences or the enforcement mechanism there?<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. Well, the UN being the UN, there\u2019s not much of an enforcement mechanism. It\u2019s more like a public shaming. And in my research, I\u2019ve found that those kinds of informal mechanisms can be very effective as long as a country\u2019s not already too corrupt, basically.<\/p>\n<p>This act is full of provisions, as well as some formal constraints. For example, the Act does not mention judicial review, and in its silence, it\u2019s probably the case that there can be judicial review of any orders made under the Emergencies Act. But because we\u2019ve never used it, some of this stuff we just don\u2019t know [yet].<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_What_does_the_Act_not_do_This_became_a_live_issue_yesterday_when_The_New_York_Times_reported_that_Canada_was_revoking_civil_liberties_which_is_not_the_case\"><\/span>Q. What does the Act not do? This became a live issue yesterday when\u00a0<em>The New York Times<\/em>\u00a0reported that Canada was revoking civil liberties, which is not the case.<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. A state party to the ICCPR can never derogate the right to life, freedom from torture, or freedom of thought for instance. And, importantly for our current circumstance, a state can\u2019t make retroactive laws in an emergency either. That\u00a0means anyone who donated to the convoy <em>before<\/em> the emergency order would not be subject to having their assets frozen.<\/p>\n<p>In addition, these powers have to be used in a manner which sits alongside the Charter of Rights and Freedoms, so that means that rights are going to be limited, but they have to be limited in accordance with Section 1 of the Charter, which states that those limitations have to be reasonable in a democratic society.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_In_this_situation_with_the_blockades_what_were_some_of_the_key_powers_the_federal_government_said_it_was_invoking\"><\/span>Q. In this situation with the blockades, what were some of the key powers the federal government said it was invoking?<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. They\u2019re going to use the prohibition of public assembly, they\u2019re going to use the power to limit <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/trip-and-travel\/\" data-internallinksmanager029f6b8e52c=\"10\" title=\"Trip &amp; Travel\" target=\"_blank\" rel=\"noopener\">travel<\/a> to and from a specified area, they might be designating protected places\u2014so for example the border crossing. They also are empowering the RCMP to enforce bylaws, so instead of having to deputize the RCMP as sort of honourary Ottawa police officers, for example, they can just go ahead and enforce things right on the ground.<\/p>\n<p>And then there are these interesting financial provisions. The idea is that from this point forward, anyone who makes a donation in support of illegal activities like the convoy could have their assets frozen. That would be true on a corporate level [too] for anyone who allows their trucks to participate, and there could be insurance implications as well.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_There_was_also_compelling_services_like_tow_trucks_as_well_right\"><\/span>Q. There was also compelling services like tow trucks as well, right?<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. Yes, and that sort of captures some of the absurdity of the situation, that you would invoke the Emergencies Act to get a tow truck to tow trucks. So there are powers in the Emergencies Act to compel people to do work or to use their property for certain ends to resolve the emergency, with due compensation.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_In_your_estimation_what_was_not_possible_to_do_before_invoking_this_Act_Were_there_capabilities_still_on_the_table_that_werent_being_fully_exercised\"><\/span>Q. In your estimation, what was not possible to do before invoking this Act? Were there capabilities still on the table that weren\u2019t being fully exercised?<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. It\u2019s my view\u2014I might change my mind as more evidence presents itself\u2014that the vast majority of these powers were already available under the provincial state of emergency, and that the problem there was political will to make those orders. And then I think none of us really understand what went wrong with enforcement.<\/p>\n<p>The big thing that is different here are those financial measures and it seems to me that this is suggestive both of a strategy and of the possibility that there\u2019s information that we as the public don\u2019t have access to just yet.\u00a0 From the strategic perspective, we all know that the protesters are there for a variety of reasons and we know that some of them are violent extremists. So to the extent that you can get as many people as possible to go home\u2014provide non-violent incentives to encourage them to go home before some kind of really serious enforcement is required or violence breaks out\u2014the better. Those financial measures may be quite important along those lines.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_We_saw_the_Prime_Minister_consulting_the_provinces_yesterday_in_a_first_ministers_meeting_before_invoking_this_Do_the_provinces_have_to_agree_before_invoking_the_Emergencies_Act\"><\/span>Q. We saw the Prime Minister consulting the provinces yesterday in a first ministers meeting before invoking this. Do the provinces have to agree before invoking the Emergencies Act?<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. This is one of the slightly fuzzier areas of the law. My reading is that if the emergency is concentrated in one province, then that province needs to ask for federal help before there\u2019s a national declaration. But because this was not confined to one province, it is a good thing for the Prime Minister to consult, but he does not need the permission of all of the premiers in order to invoke the act.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Q_What_are_some_of_the_concerns_here_or_critiques_about_invoking_the_Act_the_slippery_slope_worries_we_often_see_when_it_comes_to_civil_liberties\"><\/span>Q. What are some of the concerns here or critiques about invoking the Act, the slippery slope worries we often see when it comes to civil liberties?<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>A. The first big issue is does this situation meet the threshold for invocation of this law. I have not formed an opinion about this yet, in part because I do suspect this isn\u2019t just about sweeping up the streets of Ottawa. There might be more going on here in terms of national security, though I don\u2019t have information along those lines, that\u2019s just speculation. So that\u2019s the first concern: does this actually meet the threshold?<\/p>\n<p>The second concern is that emergency powers are always dangerous. Emergencies are dangerous things, not just because of the inherent danger of whatever\u2019s happening but also because they do tend to prompt responses that are sometimes disproportionate because people feel scared and they\u00a0 want the government to step in strongly. There\u2019s also the risk that certain powers become normalized. This legislation makes that unlikely in many ways, but that has to be on our minds.<\/p>\n<p>Ultimately, in my reading about states of emergency across different countries and different time periods, what comes out is that what makes the big, big difference is citizens holding government to account. So this informal constraint on power, this keeping eyes on the government\u2014make sure that we remember that our civil liberties are precious.<br \/>\n<span class=\"ctx-article-root\"><!-- --><\/span><\/p><\/div>\n<p><script async defer crossorigin=\"anonymous\" src=\"https:\/\/connect.facebook.net\/en_US\/sdk.js\"><\/script><\/p>\n<blockquote><p><strong><span style=\"color: #ff6600;\">If you liked the article, do not forget to share it with your friends. Follow us on\u00a0<span style=\"color: #ff0000;\"><a style=\"color: #ff0000;\" href=\"https:\/\/news.google.com\/publications\/CAAqBwgKMLG0nwswvr63Aw\" target=\"_blank\" rel=\"nofollow noopener noreferrer\">Google News<\/a><\/span>\u00a0too, click on the star and choose us from your favorites.<\/span><\/strong><\/p><\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\">For forums sites go to <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/forum.buradabiliyorum.com\/\" target=\"_blank\" rel=\"noopener\">Forum.BuradaBiliyorum.Com<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\"><strong>If you want to read more <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/news\/\" data-internallinksmanager029f6b8e52c=\"2\" title=\"News\" target=\"_blank\" rel=\"noopener\">News<\/a> articles, you can visit our <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/en.buradabiliyorum.com\/general\/\" target=\"_blank\" rel=\"noopener\">General category.<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<p><span style=\"color: black;\"><a style=\"color: #ff9900;\" href=\"https:\/\/www.macleans.ca\/politics\/ottawa\/what-ottawa-can-do-now-under-the-emergencies-act\/\" target=\"_blank\" rel=\"noopener\">Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8220;#What is the Emergencies Act and what Ottawa can\u2014and can&#8217;t\u2014do with it&#8221; On Monday, Prime Minister Justin Trudeau announced he was invoking the federal Emergencies Act to try to end the protest blockades that have entrapped downtown Ottawa and disrupted international border crossings across the country for weeks. This is the first time the Act&#8230;<\/p>\n","protected":false},"author":1,"featured_media":406267,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/www.macleans.ca\/wp-content\/uploads\/2022\/02\/CP151085988-766x431.jpg","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[67806,125744,125793,125468],"class_list":["post-406266","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general","tag-editors-picks","tag-emergencies-act","tag-nomi-claire-lazar","tag-trucker-convoy"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/406266","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=406266"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/406266\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/406267"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=406266"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=406266"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=406266"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}