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Lyle Skinner Profile picture
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27 Sep, 5 tweets, 2 min read
Only the Legislature can increase fines (they should), this is because the Emergency Measures Act does not allow Cabinet to suspend or amend laws. The Act needs to say "suspend the operation, either in whole or in part, or amend an Act of the Legislature" but it doesn't #nbpoli
Statutory interpretation & and the Bill of Rights does not allow Cabinet (or in this case the Minister of Public Safety) the authority to unilaterally suspend or amend laws unless authorized by the Legislature. Same reason why Cabinet cannot unilaterally change school vaccination
New Brunswick is distorting the principle that the Legislature is Supreme. Because these fines are being imposed contrary to the rule of law, Crowns are going to run into issues when prosecuting these offences. This can be fixed via Legislative amendment but not retroactively.
Simply ask government what is the legislative authority they are using to increase the fines. The Emergency Measures Act doesn't confer this authority for the reasons stated. This will impact enforcement. Provincial Offences Procedure Act states tickets have to be minimum amount
Cabinet should not be given an enabling act power to suspend or amend all laws. However, it may be beneficial to delegate to cabinet the authority to increase certain fines. The rule of law is especially important during a state of emergency.

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More from @SkinnerLyle

Lyle Skinner Profile picture
22 Sep
In 1918, after NB Minister of Health ordered the closure of places of worship to limit the spread of the Spanish Flu, the Baptist Churches in Westmorland endorsed him for safeguarding public health and stated that the order was "no interference" in the exercise of worship #nbpoli Image
Minister Roberts thanking them for their view stating it is the correct one to take respecting "the health & lives of the people".

He regretted that some churches did not share this opinion but is pleased there are some who will stand up and take the part to do what is right Image
The pandemic of 1918 was incredibly hard on people. Here Minister Roberts issues a reminder that no public funerals were to occur to in order to lessen "the ill results from Influenza". Roberts received many correspondence asking for exemptions. Image
Read 5 tweets
Lyle Skinner Profile picture
15 Sep
Now let's look at what the government could do using the Public Health Act. 1st is closing down businesses and also placing capacity restrictions. In fact they did exactly that when the original "modern" public Health Act was passed in 1918 to address the Spanish Flu. #nbpoli
The powers under the Public Health Act re notifiable diseases in humans are divided into two areas. Medical Officers of Health have powers (currently being used) & Cabinet has a more general power to make regulations to control of covid or the vaccination of residents"
I am not going to speculate exactly what form this could take as cabinet can make formal regulations "regulations respecting covid-19" to clarify powers of the Chief Medical Officer of Health or there could be a more or subsidiary policy instrument like an Order
Read 14 tweets
Lyle Skinner Profile picture
15 Sep
With the announcement of possible new public health restrictions being approved by the NB cabinet. let's have a quick look at what the province cannot do without a state of emergency: any matters that do not fall within the purpose of the Public Health Act #nbpoli
Generally if we look at the Mandatory Order, it conferred extraordinary powers to the Minister of Public Safety and cabinet to take additional measures related to addressing an emergency.
Lets use the May 29, 2020 order as an example where it extended the validity of expired licences, registrations, certificates and permits. This has no linkage to Public Health so cabinet cannot use this power outside a state of emergency.
Read 10 tweets
Lyle Skinner Profile picture
14 Sep
On Nov 14, 1918 the NB Minister of Health lifted public gathering restrictions after shutting the province down on Oct 11. Schools reopened on Nov 18. His letter has commentary that is very relevant for NB in its path living with covid. Let's have a look. /N #nbpoli
In lifting public health restrictions in 1918 the NB Minister stated that "the Department of Health would not wish it to be understood, that it regards the epidemic as completely done and over with. In probably very few parts of the province is this absolutely the case" /2
"Beyond doubt, it will be many weeks before sporadic cases crease to appear, and in some localities mostly in the remotest settlements, and in somewhat isolated communities it is yet in an epidemic stage" /3
Read 11 tweets
Lyle Skinner Profile picture
13 Sep
A reminder that the Public Health Act gives cabinet the ability to make regulations related to the control of notifiable diseases, & respecting the vaccination of residents of the Province. There is no need to declare a state of emergency to reintroduce certain measures #nbpoli
Whether certain measures are needed should be based on recommendations from Public Health.
These powers are in addition to tools available by medical officers of health or under legislation governing schools & childcare facilities.
Read 5 tweets
Lyle Skinner Profile picture
20 Aug
I agree with @DominicCardy view that there should be mandatory vaccination in schools. To do so, the Education and Public Health Acts needs to be amended to require mandatory vaccination of any students who can receive the covid-19 vaccine. Why? Let me explain #nbpoli /n
Presently only those students who are entering school for the first time have to show proof of immunization for a list of diseases outlined in Public Health regulations. There is a separate list for childcare operators #nbpoli /2
Currently the information of whether a student is vaccinated can only be requested by the school system if a child is attending for the 1st time. Early Childcare providers have it as a requirement for any children attending the facility /3
Read 17 tweets

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