Greg Taylor
National Post, Feb. 14, 2022
“It’s difficult to declare a national emergency if only one province is affected, because that province under Section 25 (3) of the Act must state they don’t have the authority or capacity to solve the problem.”
Those who demanded or advised that Justin Trudeau declare a national emergency, which he did Monday, to deal with current protests do not appear to have actually read the federal Emergencies Act. If they have read Part II of the Act concerning a Public Order Emergency they apparently go straight to the “Orders and regulations” section. There for example they find that the federal government during a declared national emergency can prohibit “any public assembly that may reasonably be expected to lead to a breach of the peace.” Are there breaches of the peace in Ottawa or elsewhere? Yes! Prohibit them! Protests ended!
Section 3 of the Act defines a national emergency as “an urgent and critical situation of a temporary nature that … seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it.”
If we just look narrowly at that definition do provinces have the authority to deal with the current protests? Yes. Constitutionally they are responsible for enforcing criminal law and maintaining public order. They establish and regulate provincial and municipal police services. They or their municipalities can declare an emergency in their jurisdictions, as Ottawa and Ontario have done. And in dire circumstances — a “riot or disturbance” — they can even requisition armed soldiers for “aid of the civil power” by invoking Part VI of the National Defence Act.
Greg Taylor served in the Canadian Army for 25 years. Following his military service, he worked as a provincial emergency manager and a consultant. He has significant experience planning for, and dealing with, public welfare and public order emergencies.
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