Emergencies Act


The Emergencies Act is an act of the Parliament of Canada to authorize the taking of special temporary measures to ensure safety and security during national emergencies. It is considered to provide, "the stiffest government emergency powers of any emergency law in Canada."
It received royal assent on July 21, 1988, replacing the War Measures Act.
The Emergencies Act differs from the War Measures Act in two important ways:
  1. A declaration of an emergency by the Cabinet must be reviewed by Parliament
  2. Any temporary laws made under the act are subject to the Charter of Rights and Freedoms.
Thus any attempt by the government to suspend the civil rights in Canada, even in an emergency, will be subject to the "reasonable and justified" test under section 1 of the Charter.

Uses

The Emergencies Act has never been used. The War Measures Act, which this act replaced, was used on three occasions: during both the First and Second World Wars, and during the 1970 October Crisis.
On April 9, 2020, Prime Minister Justin Trudeau sent a letter to the provincial and territorial premiers to consult about invoking the Emergencies Act due to the COVID-19 pandemic in Canada. While consultation with the provinces is a required step before the Act can be triggered, the Prime Minister's Office said there was no present plan to enact it and that doing so remained a last resort. On a conference call between Trudeau and the premiers later that day, the premiers communicated their unanimous opposition to invoking the Act.