The Rule of Law in Canada
Numerous laws are in place that are supposed to guide public policies and decision-making with respect to public health and safety law, mandates, and orders in the provinces/territories and Canada.
The Emergencies Act, is one such federal piece of legislation should play a major role in shaping and guiding measures taken to support safety and security and justify amendments to any other Acts. This also extends to provincial laws, orders, and mandates that may come into conflict with the Constitution Act, and the part of it which articulates our Fundamental Freedoms and Rights under the Canadian Charter of Rights and Freedoms (1982).
(R.S.C., 1985, c. 22 (4th Supp.)
An Act to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof
Preamble
WHEREAS the safety and security of the individual, the protection of the values of the body politic and the preservation of the sovereignty, security and territorial integrity of the state are fundamental obligations of government;
AND WHEREAS the fulfilment of those obligations in Canada may be seriously threatened by a national emergency and, in order to ensure safety and security during such an emergency, the Governor in Council should be authorized, subject to the supervision of Parliament, to take special temporary measures that may not be appropriate in normal times;
AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;
NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Application and Construction
Binding on Her Majesty
2 (1) This Act is binding on Her Majesty in right of Canada or a province.
Federal jurisdiction
(2) For greater certainty, nothing in this Act derogates from the authority of the Government of Canada to deal with emergencies on any property, territory or area in respect of which the Parliament of Canada has jurisdiction.
National emergency
3 For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that
(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.
Construction
4 Nothing in this Act shall be construed or applied so as to confer on the Governor in Council the power to make orders or regulations
(a) altering the provisions of this Act; or
(b) providing for the detention, imprisonment or internment of Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Public Welfare Emergency
Interpretation
Definitions
5 In this Part,
declaration of a public welfare emergency means a proclamation issued pursuant to subsection 6(1); (déclaration de sinistre)
public welfare emergency means an emergency that is caused by a real or imminent
(a) fire, flood, drought, storm, earthquake or other natural phenomenon,
(b) disease in human beings, animals or plants, or
(c) accident or pollution
and that results or may result in a danger to life or property, social disruption or a breakdown in the flow of essential goods, services or resources, so serious as to be a national emergency. (sinistre)
Source: Government of Canada. (1985). Emergencies Act. Retrieved from: https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html
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Read more about the Emergencies Act, and the history around Canadian emergency management legislation at the link below.
Canadian Britannica. Emergencies Act. Retrieved from: https://www.thecanadianencyclopedia.ca/en/article/emergencies-act
Copyright © 2020-2021.Tracey Young/C4D
Canadians4Democracy. All Rights Reserved.
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