What might it mean for Canada
A
s the COVID-19 pandemic spreads throughout Canada — with over 2,000 cases to date, as of writing — Canadians are looking to the government for action.
Prime Minister Justin Trudeau, along with the provincial and territorial leaders, have discussed the opportunity for a federal Emergencies Act to subside the effects of COVID-19.
If enacted, the Emergencies Act would authorize the Federal Government to take special, but temporary, measures to ensure safety and security during national emergencies.
There are four types of emergencies outlined in the act: a public welfare emergency (natural disasters, disease), a public order emergency (civil unrest), international emergencies, and war emergencies.
While this act has never been used before, Canada is familiar with its content.
The Emergencies Act replaced the War Measures Act in 1988. Prior to it, the War Measures Act was used during the first and second World Wars, as well as by Prime Minister Pierre Trudeau during the Front de liberation du Quebec (FLQ) crisis.
The War Measures Act was similar to the Emergencies Act in that it allowed Parliament to take emergency measures necessary in event of a war, invasion, or insurrection.
The War Measures Act came under frequent criticism as it was seen by some to be suspending civil liberties and personal freedoms when invoked.
“[the Emergencies Act] takes powers that normally are only in the hands of the provinces, or even municipalities,” Prime Minister Trudeau said about the possibility of invoking the act, “and puts them in the federal level.”
When the Emergencies Act was put in place it differed from the War Measures Act in two significant areas. The first is that a declaration of emergency must be reviewed by Parliament. The second is that any temporary laws made under the act are subject to the Charter of Rights and Freedoms.
While provinces have declared a state of emergency to limit the spread of COVID-19, the Emergencies Act would override the provinces, even in their areas of jurisdiction.
“It takes powers that normally are only in the hands of the provinces, or even municipalities,” Prime Minister Trudeau said about the possibility of invoking the act, “and puts them in the federal level.”
The main objective of the Emergencies Act would be to allow the federal government to do things that could not otherwise be done. The act could close interprovincial borders in an attempt to limit the spread of COVID-19 across the country. It could also allow the federal government to nationalize the economy in an attempt to ensure the well-being of Canadians by granting the federal cabinet the power to restore and maintain public utilities and services.
The Conservative opposition leader Andrew Scheer has spoken out against the Emergencies Act as being “undemocratic”, which is a concern many share. The act has been debated as a mere power grab for the federal government even though it was intended for such unforeseen circumstances that arise, like the COVID-19 pandemic.
Negotiations regarding the implementation of the Emergencies Act are ongoing.
Cover and Feature Photo: The Parliament Buildings of Canada by Saffron Blaze (CC BY-SA 3.0)
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