The federal government declares a public order emergency under the Emergencies Act to end the disruptions, blockades and occupation of the City of Ottawa
Canada News Wire
OTTAWA, Ontario, February 14, 2022
OTTAWA (ON), February 14, 2022 /CNW/ – The government of from Canada the top priority remains keeping people and communities safe and protecting jobs, trade and our economy. The federal government is working with provinces and municipalities to bring the current situation under control and end illegal blockades and ongoing occupations across the country.
Today, the Honorable David Lametti, Minister of Justice and Attorney General of Canadawith the support of the Honorable Marco Mendicino, Minister of Public Safety, and the Honorable Bill Blair, President of the Queen’s Privy Council at Canadaand Minister of Civil Protection, announced the declaration of a public order emergency under the emergency lawto end disruptions, border blockades and occupation from Ottawa downtown.
The public order emergency confers on the Government the power to apply the following temporary measures:
Regulate and prohibit public gatherings, including blockades, other than legal defense, protest or dissent
Regulate the use of specified goods, including goods to be used in connection with a blockade
Designate and secure locations where blockades should be prohibited (e.g. borders, border approaches, other critical infrastructure)
Order specified persons to provide essential services to mitigate the effects of blockades on from Canada economy
Authorize or direct specified financial institutions to provide essential services to mitigate the impact of blockades, including regulating and prohibiting the use of property to fund or support blockades
Measures to authorize the Royal Canadian Mounted Police to enforce municipal and provincial laws through incorporation by reference
The imposition of fines or imprisonment for violating any of the measures declared under this public order emergency
To declare a state of public order emergency, the emergency law requires that there is an emergency resulting from threats to the security of Canada so serious that they constitute a national emergency. The security threats of Canada may include the threat or use of serious acts of violence against persons or property in order to achieve a political or ideological objective. A national emergency is an urgent, temporary and critical situation which seriously endangers the health and safety of Canadians and which cannot be dealt with effectively by the provinces or territories, or which seriously threatens the ability of the government of the Canada preserve the sovereignty, security and territorial integrity of Canada. This must be a situation that cannot be dealt with effectively by any other law of Canada.
When a declaration of a state of public order emergency is made under the emergency law, it allows the federal government to issue orders and regulations it deems necessary to deal with the emergency, on reasonable and proportionate grounds.
the emergency law has strong built-in protections that provide democratic control over the use of these powers. Any declaration under the emergency law must be tabled in the House of Commons and the Senate within the statutory time limits for confirmation. Any action taken by the government under the emergency law must be consistent with the Canadian Charter of Rights and Freedomsand must be reasonable and proportionate to the risks to the public health and safety of Canadians.
Anyone participating in the blockades is urged to return to their communities peacefully and immediately. The government’s top priority remains keeping people and communities safe and protecting jobs, trade and our economy. These lockdowns must end, and the federal government will continue to work on all options to end them.
“Over the past few weeks, illegal blockades and occupations have disrupted peace in many communities across Canada and hurt our economy. Today’s public order emergency declaration is an extraordinary measure that is time-limited and will ensure that we restore peace to our communities.”
The Honorable David Lametti, PC, QC, MP
Minister of Justice and Attorney General of Canada
“The powers granted under the Emergencies Act will help end unlawful lockdowns and enforce the law. They are targeted, measured, temporary – and proportionate to the urgent circumstances facing our country. These powers are part of a responsible and scalable approach and are fully compliant with the Charter.We will continue to support law enforcement at all levels to secure our borders and critical infrastructure, protect our economy, and protect human health and safety. safety of Canadians.
The Honorable Marco Mendicino
Minister of Public Security
“This is a critical moment for our country. The government of Canada is taking these extraordinary steps to support law enforcement and quickly end unlawful blockades that threaten the security of our communities, infrastructure and borders. »
The Honorable Bill Blair
President of the Queen’s Privy Council for Canada and Minister of Civil Protection
There are four types of national emergencies that can be declared under the Emergencies Act: a public welfare emergency, a public order emergency, an international emergency or a war emergency.
A national emergency is an urgent, temporary and critical situation which seriously endangers the health and safety of Canadians and which cannot be dealt with effectively by the provinces or territories, or which seriously threatens the ability of the government of the Canada preserve the sovereignty, security and territorial integrity of Canada. This must be a situation that cannot be dealt with effectively by any other law of Canada.
A state of emergency to public order may be declared when a state of emergency results from threats to the security of Canada so serious that they constitute a national emergency. The security threats of Canada may include the threat or use of serious acts of violence against persons or property in order to achieve a political or ideological objective.
The Act may grant the federal government additional powers, beyond what is usually available outside of an emergency period. However, the Act contains provisions limiting the orders or regulations that the federal government can make.
The Emergencies Act requires consultation with the provinces and territories before a public order emergency can be declared, unless the provinces and territories can be adequately consulted without unduly compromising the effectiveness of the proposed action. Based on these consultations, and where the government concludes that the situation cannot be dealt with effectively under other federal, provincial or territorial law, the government may declare a public order emergency.
The measures introduced by the government of Canada demonstrate respect for constitutionally protected rights and freedoms, including the right of citizens to enter Canada and the right to life, liberty and security of person, as well as from Canada obligations under international law.
Once the government has made a formal declaration of a public order emergency, the declaration is effective for up to 30 days. However, the Houses of Parliament must confirm this declaration, and they have the power to revoke it at any time, as does the government.
If the Federal Government determines that it is necessary to extend the Declaration, such extension must be confirmed by the Houses of Parliament. Provinces and territories must also be consulted again before a declaration can be extended.
A foreign national must not enter Canada with the intention of participating in or facilitating a prohibited assembly. Foreign nationals seeking to enter Canada for these purposes may be denied boarding prior to departure and may be refused entry at a point of entry. There are limited exemptions to the entry ban, for specific categories of foreign nationals.
SOURCE Public Safety and Emergency Preparedness Canada