Explainer: What is the Emergencies Act and when can it be used?

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What exactly is this never-before-used piece of legislation, and how will we know if it was deployed appropriately? Here’s what you need to know.

OTTAWA—Last winter, Prime Minister Justin Trudeau took the unprecedented step of invoking the federal Emergencies Act in an effort, his government said, to end the so-called “Freedom Convoy” protests gripping the country.

So what exactly is this never-before-used piece of legislation, and how will we ever know if it was deployed appropriately?The federal Emergencies Act is a piece of legislation that allows the government “to take special temporary measures that may not be appropriate in normal times” to ensure safety and security in the case of a national emergency.

The reason why invoking it was so significant — and why the decision to do so must come under intense scrutiny — is because it gives the federal government extraordinary powers, including allowing it to act where provinces, territories and municipalities would usually hold jurisdiction.

Justice Minister David Lametti said in a witness statement that failing to properly apply existing laws “was one of many factors” that could create a national emergency, stating that “the use or non-use of existing legislation by provincial governments” factored into cabinet’s decision to deploy the act.

The same memo noted, however, that public support regarding the decision could wane over time, and that it could inflame protesters’ actions and those of their sympathizers.In the short term, the federal government has to seek approval for its decision to deploy the act from both the House of Commons and the Senate within seven days of the act’s invocation. If either of those votes fail, the emergency declaration is immediately revoked.

 

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A propaganda rag is going to let us know what we need to know. Please, you're making me gag.

TorontoPost It wasn't deployed correctly

The War Measures Act was unwieldy in 1970 for these events. The EA replaced it but has been dormant for 40+ years. By their very nature, emergencies have unforeseen aspects, maybe not contained in any Act, but still requiring a solution. Maybe Cabinet invoked common sense?

With all the lying, secrets, lack of transparency, and Trudeaus set up of this Mickey Mouse Inquiry, I think we know it wasn't deployed properly.

Their secretive nature speaks volumes.

We already know Groper Trudeau and his corrupt ministers lied and joked in order to illegally implement the Emergency Act

It can be used whenever an authoritarian like Trudeau wants.

Apparently a corrupt lawless government can use it whenever they choose.

Great tool worked well as stated many times during the inquiry.

2/2 we already knew people harbored those views, they were not wrong about the over reaching mandates and wanting them to end, they were not wrong for standing up for their right, and brought many people from different walks of life together, all of this could have been avoided

and this is why you do not treat others differently, treat everyone equal from the jump, we know people are prejudice this is canada for crying out loud, colonized land saying the convoy was racist and that why would need to use the emergency powers, was disingenuous 1/2

Thanks to a weak judge now apparently whenever they feel the need they need to use it.

In can be used whenever Team Trudope confront a problem they're too cowardly or stupid to solve by other means

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LILLEY: Trudeau government uses own wording to justify Emergencies ActWith testimony showing that the government clearly didn\u0027t meet the legal threshold for the Emergencies Act, they\u0027re changing definitions. So, after all this is settled and it shows that our current Government overreached, what provisions will be put in place to ensure that NO other Government regardless of Political Party will have the Power to so easily do this again? Just Curious
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