Invoking the Emergencies Act
Yesterday, Prime Minister Justin Trudeau invoked the Emergencies Act, allowing the Federal government to implement special temporary measures to ensure public safety and security during a national emergency.
The Federal government is united in its extreme concern over the events happening across our country. The ongoing occupation and blockades have threatened our economy, strained our supply chains, and is eroding Canadians’ confidence in the ability of government to support them.
Canadians’ confidence in the very fabric and structure of our country and society is crucial. The ongoing blockades have undermined Canadians’ confidence in our country, in the rule of law, and in law enforcement’s ability to keep our communities safe.
A few updates as of late:
On Friday, the Ontario government declared a province-wide state of emergency.
On Sunday, the blockade of the Ambassador Bridge in Windsor—which has cost Canadians almost $3 billion in lost economic value—was cleared, thanks to the coordinated action of local law enforcement, the Ontario Provincial Police, and the RCMP. Traffic has resumed. A heavy police presence remains in the area along Huron Church Road on Monday — the main corridor for traffic to the bridge — to ensure protesters do not return to block the roadway.
Throughout last week and weekend, the Prime Minister has convened a number of Incident Response Group Meetings to strategize resolution methods for these occupations.
Monday, the Federal government invoked the Emergencies Act, granting more tools to the Federal, Provincial, and local governments and law enforcement agencies to get the situation under control. This is a monumental step forward in our government’s efforts to resolve these occupations.
The current Emergencies Act is not the same as the famed War Measures Act, which was invoked during the FLQ crisis of 1970. The Emergencies Act was drafted in the 1980s and while it grants governments certain tools, it also imposes important limits on government power. The Emergencies Act is time limited and targeted. Under the Emergencies Act, the government cannot take control of law enforcement or direct their operations. As well, the actions taken under the Emergencies Act are accountable to Parliament and the Charter of Rights and Freedoms.
The Emergencies Act is not about bringing in the military to manage the situation. No part of the Emergencies Act that we are enacting involves the military.
We are bringing in a series of measures under the Emergencies Act that will give more authorities to police forces. It does not limit the right to protest. It does not limit any Charter rights. The Charter is not suspended or put aside while the Emergencies Act is in force.
This is a very cautious step, but we need to regain law and order, and restore Canadians’ confidence in our country.
The Prime Minister consulted with the Premiers about the invocation of emergency measures, as is required under the Emergencies Act. Now, following provincial and territorial consultations, the Emergencies Act needs to be ratified within 7 days by Parliament. It will be thoroughly debated. There are committees that need to be formed. There will be a public inquiry at the end of this situation to scrutinize and examine the government’s use of emergency powers.
Invoking the Emergencies Act in itself, is one thing. Making sure we are effective in our actions after invoked, is just as important. Minister Lametti, as the Minister of Justice and Attorney General will ensure that all necessary steps are taken, especially at the Parliamentary level, and that Canadians’ Charter rights are respected throughout the invocation and application of the Emergencies Act.
Invoking the Emergencies Act allows the government to move quickly. Should other events or blockades occur, it permits the government to scale its actions through Orders in Council.
The Act will be applied to regulate public assemblies which may breach the peace, such as the ongoing occupation of the downtown core. It also will be applied to protect certain places or locations as needed. It will also be applied to financial services which are supporting breaches of the peace, such as ongoing crowdfunding initiatives to enable the occupation.
Further, the Act will authorize RCMP to enforce municipal bylaws and provincial laws, while also working very closely with local police forces. Again, the Emergencies Act does not empower a government to control police forces. Laws will continue to be enforced independently by law enforcement agencies.
This decision is not taken lightly but it is taken in the national interest of Canadian values, the protection of Canada's democracy, and the restoration of safety and security.
