Thread by @SkinnerLyle

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

https://twitter.com/ottawacity/status/1490436141375537157

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.

Having worked in operations centres before, the purpose is to provide a daily rhythm to manage events and to share information both within government and other partners but also to the public. An older EM plan for Ottawa lists functional responsibilites re Public Order /5

The difference with the declaration of a state of emergency is that it allows a mayor to make orders to protect property and the health, safety and welfare of residents that are not contrary to the law. I interpret this as making orders which do not overide other laws /6

I see this as providing the authority to limit distribution or sale of fuel into the various encampents into the city. They could limit use of jerry Cans for fueling or create a zone where jerry cans cannot be used. These are powers consistent with normal EM practices /7

The issue for police is when and how to utilise the additional powers conferred to them in a manner that doesn't escalate matters in areas of the downtown which can make the situation worse. Address matters on the periphery ie gas stations or fuel entering an area. /8

Alternatively the mayor could also impose a curfew etc. The point is that these powers can be used in a more targetted manner that more tailored to the situation than addressing it via the Criminal Code. /9

Separately the Mayor has the power to declaration under the criminal code to order the dispersal of a riot. However the current blockade has not reached that level as there is no violence or disorder

https://twitter.com/SkinnerLyle/status/1489056764993675269

/10

Effectively the City would have similar powers as the province during a state of emergency but are more limited in scope. Which powers would not be allowed has to be assessed on a case by case basis.

I disagree with the view of the city solictor that a SoE doesn't have any use

Their view at the board meeting may have been informed where sometimes municipalities declare States of Emergencies as a performative basis to indicate to higher orders of government that they need support but it doesn't amount to a state of emergency under law. /12

Because a state of emergency has been declared, the Ontario Solicitor General is notified. Either the may or council can end a state of emergency. The Premier also has a supervisory power to declare an end to an emergency. /13

A historical footnote. When Toronto City Council stripped Mayor Rob Ford of his powers as mayor, they could not remove his ability to declare a state of emergency as it is defined under provincial statute. nationalpost.com/news/toronto/t… /14

So why a municipal state of emergency rather than provincial or use of the federal emergencies act? Well Emergency Management is layered. You only go one level up when the capacity of the response exceeds the ability of the current level of government to respond. /15

Has the convoy blockade exceeded the ability of the city of Ottawa to respond? Actually no. The reason why is despite the inability of the police to respond thus far, the State of Emergency should give them more tools. If that doesn't work than provincial involvement. /16

The feds come in at the last resort. In emergencies, the most powerful practical tool by the federal government is not the Emergencies Act but the Emergency Management Act. s.7(d) acts as a giant bucket of money the federal government can use to fund an emergency response.