Jan Fischer / Edge columnist
The Trudeau government has invoked the Emergencies Act in response to the Ottawa protest and associated blockades at various border points. That is the first time in Canadian history since the law was adopted in 1988 when it was brought in to replace the War Measures Act.
This move has some people asking what took so long and others asking how it can be justified.
Now the question arises, whether the Emergencies Act is the solution or not?
It should be clear that Canada has a significant problem. In the last two years, the country has been nearly engulfed by protest blockades in a political cause. It seems equally clear that these lead to special challenges for law enforcement, not to mention the failures of this or that police force.
By invoking the Emergencies Act, the federal have powers to secure the areas and get extra help. It does not authorize the government to call up the armed forces or suspend charter rights. The emergency declaration must be confirmed by a vote of Parliament and is valid for only 30 days. All actions taken by the government under the law are subject to the scrutiny of a parliamentary committee and review by the courts. The government must always justify its use of the law.
On the other hand, there are already a wide variety of charges available to law enforcement officials under federal, provincial, and municipal laws to address activities such as impeding critical infrastructure or property destruction. With the emergencies act, financial assets can be frozen without judicial authorization and without evidence of civil or criminal liability, removing an important independent safeguard protecting Canadians’ financial well-being.
In conclusion, the government should do everything possible to contain the corona cases and ensure the safety of Canadians. But the emergencies act is not the right decision.
Sources:
Federal government invokes Emergencies Act for first time ever in response to protests, blockades
Canada trucker protest: What powers will Emergencies Act give Trudeau?
Canada’s Emergencies Act: What power does it give Justin Trudeau?