Prime Minister Justin Trudeau is likely to become the first Canadian leader to invoke the Emergencies Act.
Recent reports have indicated that the federal government is planning to invoke the Act in order to deal with the ongoing trucker convoy protests sweeping Canada.
Trudeau met with caucus on Monday morning and will inform Canada’s premiers of his plan later in the day. He does not need their approval, only to consult with them.
The Emergencies Act was passed in 1988 after former prime minister Brian Mulroney repealed its precursor, the War Measures Act.
Mulroney had officially apologized to Japanese Canadians for abuse suffered at the hands of the federal government during the Second World War. The government at the time had used the War Measures Act to force them into internment camps.
The Emergencies Act introduced by Mulroney differed on several grounds from the War Measures Act. It outlined more limited and specific powers to handle emergencies.
For one, all cabinet orders are subject to review by Parliament – meaning that the federal government can’t act on its own without oversight.
Decisions adopted under the Act are required to abide by the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights. The Act forbids the government from imprisoning anybody based on protected categories such as race, nationality or religion.
The Emergencies Act also requires the federal government to compensate individuals or groups whose rights are violated by its actions.
There are several types of emergencies that can be declared.
A “national emergency” is “an urgent and critical situation” that “seriously endangers the lives, health or safety of Canadians” and is unable to be handled by the provinces. It is also a situation which “seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada.”
A “public welfare emergency” applies to natural disasters, disease or accidents. In addition, “a public order emergency arises from threats to the security of Canada and that is so serious as to be a national emergency.”
Other types of emergencies under the Act include international emergencies and war emergencies.
Under the Act, the government would have the power to do such things as ban public gatherings in certain places, requisition public services and issue fines and jail time for those who breach public orders.
The Emergencies Act is not necessary for the government to deploy the military. For example, the military was deployed during the 1990 Oka Crisis even though the Emergencies Act was not invoked.
Once an emergency is declared, the federal government has seven days to present Parliament with a “motion for confirmation of a declaration of emergency,” with an explanation explaining why the declaration took place. These reasons must be documented, and they must be presented before the House of Commons and the Senate.
Debate over the declaration would then ensue. If Parliament approves the measures, they would go into effect for 30 days unless further extended.
To ensure that proper laws are followed, a Parliamentary Review Committee would also be formed, which includes one member from each party.
Following the end of the emergency, the government would have 60 days to hold an inquiry into the measures they took.
Trudeau first considered invoking the Emergencies Act at the beginning of the COVID-19 pandemic but reportedly backed off after vehement opposition from some premiers.
Trudeau is set to deliver remarks and hold a media availability today at 4:30pm ET.
True North is following this developing story.
