The Emergencies Act: Canada’s unused trump card against the COVID-19 pandemic

Pressure from the 2020 coronavirus pandemic forces Trudeau to take a step in the federal government’s actions

Key Actors:

• Justin Trudeau; Prime Minister of Canada
• Various Canadian Premiers

What is the Emergencies Act and why does Canada need it?

As COVID-19 continues to ravage in Canada, Trudeau has taken projected measures to lessen the socio-economic stress on Canadians. However, in order to intervene in the situation, the Federal Government has proposed to enact the Emergencies Act, an act that has not been used since its royal assent in 1988. The Emergencies Act was the replacement for the War Measures Act, which has only been used during the First and Second World War and the 1970 October Crisis.

The Emergencies Act gives the Federal Government the power to:

• Ban travel
• Order Evacuations
• Take over property
• Regulate and redistribute essential goods and services

In essence, this act gives the government virtually all the power it needs to stop the spread of the coronavirus pandemic in Canada. For example, this means that the federal government can redistribute medical supplies and doctors to regions that need the most medical attention.

Once a public welfare emergency is declared, the Act would be in effect for over 90 days; the law does allow for the declaration to be continued, if within 90 days the situation has not improved, or amended during the 90-day period if circumstances evolve.

The Premier’s response to Trudeau’s letter

This past week, Trudeau sent a letter to the provincial and territorial governments to consult about possibly invoking the Emergencies Act due to the coronavirus pandemic in Canada. While consultation is an important step before the Act can be initiated, the Prime Minister said there are no present plans to enact it, but instead to keep it as a contingency plan.

So far, a majority of premiers have expressed their opposition against the Emergencies Act’s implementation—Saskatchewan and Ontario’s premier, Scott Moe and Doug Ford, are against the need for the Federal government to prioritise this situation. Moe believes that provincial laws allow leaders the flexibility to address the needs of their jurisdictions whereas the Emergencies Act would give Ottawa the overriding power over provincial jurisdiction. In defence, a spokesperson for the Office of the Prime Minister interjected that sending letters to the premiers served only for procedural purposes and that there are no plans to be put in place.

However, some premiers, such as New Brunswick’s Brian Higgs, were in favour of the Emergencies Act as it would “unify our approach as a nation.”

Conclusion

The reluctance of many provinces and territories may suggest their self-sufficiency during this time. Many have implemented their own emergency measures; British Columbia, Saskatchewan, Manitoba, Ontario, New Brunswick, and Nova Scotia had all declared states of emergency while Alberta, the Northwest Territories, Quebec, Newfoundland & Labrador, and Prince Edward Island have issued public health emergencies. Similar warnings have been applied at the municipal level as well.

Enacting the Emergencies Act would make the Federal government accountable for their actions, but because they are a minority government, many people may not want to entrust this much power to the Liberals over the coronavirus pandemic in Canada.

Bibliography

Lynn, Josh. “In Wake of Letter Sent by Feds, Sask. Premier Doesn’t ‘see the Need’ to Invoke Canada’s Emergencies Act.” Saskatoon, 9 Apr. 2020, https://saskatoon.ctvnews.ca/in-wake-of-letter-sent-by-feds-sask-premier-doesn-t-see-the-need-to-invoke-canada-s-emergencies-act-1.4890903.

Canada, P. M. N. Saskatchewan Premier Doesn’t See Need for Emergencies Act in COVID-19 Fight | National Post. 9 Apr. 2020, https://nationalpost.com/pmn/news-pmn/canada-news-pmn/saskatchewan-premier-doesnt-see-need-for-emergencies-act-in-covid-19-fight.

Turnbull, Sarah. “Majority of Premiers Oppose Using Emergencies Act, after PM Consults.” CTVNews, 10 Apr. 2020, https://www.ctvnews.ca/politics/majority-of-premiers-oppose-using-emergencies-act-after-pm-consults-1.4891527.

Tunney, Catharine, et al. “As Supply Concerns Grow, Ottawa Lays the Groundwork for Never-Used Emergencies Act | CBC News.” CBC, https://www.cbc.ca/news/politics/emergencies-act-province-letter-1.5526496. Accessed 12 Apr. 2020.