Lyle Skinner Profile picture
Feb 6 12 tweets 3 min read
Putting on my emergency management hat, some initial steps to resolving the situation in Ottawa is reducing access to the literal fuel that is sustaining this protest in Winter.

What: restrict the fueling of Jerry cans / propane at gas stations

How: Ontario Emergency laws etc
Unlike in NB, the ON Emergency Management and Civil Protection Act is somewhat vague as to the powers of a municipality where a Mayor can declare a state of emergency and take certain actions that are "not contrary to law" to protect the health, safety and welfare of residents
It is this limitation of "not contrary to law" that warrants further examination. I assume that it places a limit on the emergency powers of a city where it cannot displace or suspend existing provincial laws. To my knowledge there is no present law guaranteeing access to fuel.
In my own experience, most declaration of states of emergency at a municipal level are performative in that they are used for a purpose that is beyond the Emergency Management framework of a city. That should not mean the city has zero power.
Alternatively the Ontario Cabinet has the authority to declare a state of emergency and to make laws regulating the distribution and availability of necessary goods (fuel) among other powers
At the federal level the Emergencies Act and the little known Energy Supplies Emergency Act govern the allocation of energy products. In either case, the triggers for their use have not been met. Therefore I am not going to discuss then further.
A more detailed examination of emergency powers afforded to Ontario municipalities is needed but under the general doctrine of emergency management restricting access to fuel isn't a foreign concept. The point is someone can do it. Alternatively city could look at license by laws
Assume a level of government invokes a law to restrict access to fuels what would that look like: Make it unlawful unless authorized to refuel jerry cans in the city of Ottawa. Have police / by law presence at gas stations especially in the downtown core to enforce
Basically if you are loading your vehicle up with a significant amount of jerry cans or hauling them with a sled, in the downtown, it is likely part of the protest.

Also police should enforce dangerous goods regs re max allotment of Jerry Cans for transport
This will obviously not stop all transportation of fuel into the core and doesn't address fuel coming from Gatineau. It will lengthen the supply chains making it more difficult to bring fuel in.

A longer supply chain and reduced volume means more complicated logistics
Presently there is simply an unrestricted flow of fuel into the encampments. Restricting access to additional fuel at the source seems a more feasible solution re police resources and avoiding escalation in the core.

It isn't a perfect proposal but better than the current plan.
Again the risk association with the sheer volume of fuel in the downtown core cannot be unstated. Even if it is used for a non controversial purpose like meal preparation, the documented careless storage of the fuel shouldn't be tolerated.

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More from @SkinnerLyle

Feb 6
What is a municipal state of emergency? Lets review. A state of emergency by a city is declared persuant to section 4 of the Emergency Management and Civil Protection Act. In this case by the Mayor of Ottawa. #OttawaConvoy /n
This allows the city to do 2 different things. fuller activation of certain components of its Emergency Management Plan and also provides the city with certain additional limted powers. You can read the city of Ottawa's Emergency Management Plan here documents.ottawa.ca/sites/document…
A state of emergency represents the highest level of activition for the Emergency Management team which relies on an Operations centre to coordinate all tasks associated with an event. It provides situational awareness. The higher the level, the more senior coordination involved.
Read 16 tweets
Oct 29, 2021
🧵What are the extent of the New Brunswick government's powers to end a strike using the Emergency Measures Act? Let's review. The province has the ability to order workers back to work if a strike impacts the ability to respond to an emergency. With some caveats #nbpoli /n
S.12 of the Act gives the province the ability to "do everything necessary for the protection of property, the environment and the health & safety of persons therein" the list in section 12 only provided examples but isn't exhaustive. Can also ensure access to buildings /2
The province cannot legally suspend or amend other acts via a mandatory order as the EMA doesn't give this power. Paragraphs that overreach this rule I would expect to generate considerable interest in a labour context especially regarding fines for violating an order. /3
Read 22 tweets
Sep 27, 2021
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.
Read 5 tweets
Sep 22, 2021
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
Sep 15, 2021
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
Sep 15, 2021
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

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