Hello,
Thank you for your message regarding the Government’s recent declaration of a public order emergency under the Emergencies Act (the Act). As you may be aware, this is the first use of the law since its adoption in 1988, replacing the War Measures Act of 1914.
The Act authorizes the Government to declare a state of emergency in four different situations: a public welfare emergency, such as a natural disaster; a public order emergency, involving a serious threat to the security of Canada; an international emergency, such as a serious threat or incident of international violence involving Canada; and a war emergency, such as armed conflict involving Canada or its allies.
It is also important to remember that the Emergencies Act is designed to constrain the powers of the Government: (i) emergency orders must comply with the Canadian Charter of Rights and Freedoms (thus proceedings may be initiated before courts to challenge any alleged lack of compliance); and (ii) the declaration and any order made under the Emergencies Act are subject to parliamentary authorization and review.
On Monday, February 14, the Prime Minister announced that the Government believes, on reasonable grounds, that a public order emergency exists and necessitates the taking of special temporary measures for dealing with the emergency. As indicated in the declaration, the Government believes that this emergency exists throughout Canada, comprising blockades by persons and motor vehicles, as well as threats to oppose measures to remove the blockades, including with force, directed at achieving a political or ideological objective within Canada. The Government indicated its view that these activities are adversely affecting the Canadian economy, including by blocking trade corridors and international border crossings, imperiling the availability of essential goods and services, and carrying the risk of an increased level of unrest and violence.
The Government indicated the special temporary measures that it considers necessary in two regulations released Tuesday, February 15: Emergency Measures Regulations: SOR/2022-21 and Emergency Economic Measures Order: SOR/2022-22. Rest assured that I am carefully reviewing these regulations.
Now it is important to understand the following steps.
First, the declaration made by the Government must be laid before both Houses of Parliament. Now the declaration needs to be approved by both the House of Commons and the Senate to remain in effect. The debate has commenced in the House of Commons and it will begin in the Senate on Monday afternoon. If one of the Houses does not approve the declaration, it will cease to have effect. Again, rest assured that I take this responsibility extremely seriously and intend to speak to the issue Monday in the Senate.
Second, the declaration of a public order emergency, if confirmed, will be valid for a maximum of 30 days since it was issued. Then, if the Government were to consider that the declaration should be renewed, the same process would have to be followed. Once again, along with the House of Commons, the Senate would play a vital role in deciding whether to authorize a continuation of the declaration and in overseeing the situation.
Third, at any time the current declaration, if confirmed, can be revoked by a vote of either chamber of Parliament.
Fourth, regulations made pursuant to the Emergencies Act must be tabled in both chambers and can be revoked by votes of both chambers acting together.
Fifth, a special joint committee of senators and Members of Parliament will be set up to monitor the measures taken by government, including any orders or regulations not made public, and will have to report periodically to both Houses of Parliament.
In conclusion, the Act establishes significant judicial and parliamentary safeguards with respect to any application of emergency measures. As a senator, I will fulfill my responsibilities to Canadians at this challenging time. I trust that this information is useful and reassuring to you.
Sincerely,
Senator Pierre J. Dalphond