There are a lot of not so great legal takes circulating on the possible deployment of the CAF in response to the various #convoy protests. Before clearing up the law, let me just say that my intent is in no way to support the deployment of the CAF, I'm just here to educate.
First- there are two applicable provisions under National Defence Act for dom ops.
1) s. 275, in the wake of anticipated riot or disturbance of the peace that is beyond the powers of the civil authorities to suppress, prevent, or deal with the prov AG can request CAF assistance.
1) s. 275, in the wake of anticipated riot or disturbance of the peace that is beyond the powers of the civil authorities to suppress, prevent, or deal with the prov AG can request CAF assistance.
Once request made, the CDS, subject to any directions from MND and in consultation with the affected provinces, shall call out those parts of the CF necessary to suppress or prevent any riot or disturbance.
2) s. 273.6, Governor in Council (cabinet) or MND may authorize the CAF to perform any duty involving “public service.” Duties may include assistance to law enforcement if requested by fed minister & both in the nat. interest & matter cannot be dealt
w effectively without CAF.
w effectively without CAF.
Second, there are also two federal orders in council issued under the crown prerogative (think executive common law power) that the feds could rely on (but I don't see it happening).
1) CFAPPFD- when Prov police unable to deal effectively with a disturbance of the peace that
is occurring or may occur, and the Min PS & MND agree disturbance affects/ likely to affect the national interest and cannot be effectively prevented, suppressed or resolved wout CAF.
is occurring or may occur, and the Min PS & MND agree disturbance affects/ likely to affect the national interest and cannot be effectively prevented, suppressed or resolved wout CAF.
2) CFAAD- basically the same as above but when RCMP cant handle it and RCMP commissioner makes request.
Very unlikely to apply here.
Very unlikely to apply here.
Finally, many are asking about the Emergencies Act.
We are certainly no where near the threshold for calling out the military under this act (which replaced the War Measures Act in *1985*!)
We are certainly no where near the threshold for calling out the military under this act (which replaced the War Measures Act in *1985*!)
The threshold for declaring a public order emergency under the Emergencies Act is a situation that:
(a) 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, or
(a) 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, or
(b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada
AND in either case cannot be effectively dealt with under any other law of Canada (which we just established is not the case.)
AND in either case cannot be effectively dealt with under any other law of Canada (which we just established is not the case.)
To date, the Emergencies Act has NEVER been invoked.
Think about that...
Think about that...
We have been in a pandemic for over two years and this government has not declared a national emergency, even though we've lost more than 34,000 Cdns to Covid. Unlikely that Poop, honking, and fumes is going to be the straw that breaks this camel's back.
If you want to read more, feel free to pick up or check out my book with @cforcese that covers all of this (we even have a handy chart): irwinlaw.com/product/nation…
*1988
• • •
Missing some Tweet in this thread? You can try to
force a refresh
