How can one person write the Emergencies Act doesn’t apply because it doesn’t cover the actions we are seeing one day and then go on television the next day and support it’s invocation?
If the legal thresholds are not met Cabinet does not have the legal authority to declare a national emergency. Invoking Canada’s biggest hammer to quash dissent when the legal thresholds are not met is a dangerous precedent to set: one I believe informed Cdns should question.
quote from the author re the Act in this piece from the weekend:
“unusable legislation that is not fit for this purpose and has never been modernized to meet the changing needs of societal protection.There is nothing here to help the governance centre hold,while it provides a woeful excuse for inaction and buck-passing.”
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In light of CBC reporting let me reiterate the law. For the #emergenciesact to be invoked the Federa Government must consult with provinces and Cabinet must believe the protests rise to the level of a national emergency. What does that mean…
3 For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that
(b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada
AND
and that cannot be effectively dealt with under any other law of Canada.
Section 430(4.11)- Mischief relating to war memorials:
Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war,
including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction.
430 (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
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.
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.
In 2016/7 in the lead up to the passage of the NSICOP Act there were concerns and questions about the maturity of Parliamentarians & their capacity to be entrusted with classified information and not leverage security intelligence for political purposes.
The opposition wanted greater powers for members of NSICOP. Government officials pushed back. The nat sec community feared that classified intelligence and our international alliances that support Cdn intel collection would be endangered by political theatre.