Thread by @sujit_choudhry

Prime Minister @JustinTrudeau has declared a public order emergency under the #EmergenciesAct. But I am not sure if the legal requirements for the Act have been met. 🧵 /1 @TondaMacC @JohnIbbitson @IvisonJ @SeanFineGlobe @CBCDavid @AbigailBimman

The Emergencies Act (canlii.ca/t/hxzt) sets out 4 kinds of emergencies: public welfare emergency, public order emergency, international emergency, & war emergency. The federal government asserts this is a public order emergency. I have not seen the legal instrument yet./2

Section 16 of the Emergencies Act defines a public order emergency: “public order emergency means an emergency that arises from threats to the security of Canada and that is so serious as to be a national emergency”. Notice the reference at the end to a “national emergency”. /3

A “national emergency” is defined in s. 3: “a national emergency is an urgent and critical situation of a temporary nature that (a) seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity...”/4

“(Con’t) 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 THAT CANNOT BE EFFECTIVELY DEALT WITH UNDER ANY OTHER LAW OF CANADA” (my CAPS) /5

Has the last condition for a national emergency been met:“and that cannot be effectively dealt with under any other law of Canada”? @BillBlair stated on Sun that police had all the needed legal tools. The RCMP, OPP and Windsor PS used those tools to clear the Ambassador Bridge./7

Under s. 58, “a motion for confirmation of a declaration of emergency … together with an explanation of the reasons for issuing the declaration … shall be laid before each House of Parliament within seven sitting days after the declaration is issued”. /8

Those “reasons” must include an explanation for why the situation “that cannot be effectively dealt with under any other law of Canada.” /9

Under s. 62, “The exercise of powers and the performance of duties and functions pursuant to a declaration of emergency shall be reviewed by a committee of both Houses of Parliament designated or established for that purpose.” /10

Under s. 62(6) “The Parliamentary Review Committee shall report or cause to be reported the results of its review under subsection (1) to each House of Parliament at least once every sixty days while the declaration of emergency is in effect“ /11

Under s. 63(1), the federal cabinet shall “within sixty days after the expiration or revocation of a declaration of emergency, cause an inquiry to be held into the circumstances that led to the declaration being issued and the measures taken for dealing with the emergency” /12

Under s. 63(2), the report of this inquiry “shall be laid before each House of Parliament within three hundred and sixty days after the expiration or revocation of the declaration of emergency.” /13

We need legal answers from @JustinTrudeau. @DavidLametti should release a legal opinion setting out the government’s legal position, so that it can be debated in the @OurCommons ASAP. @theJagmeetSingh @yfblanchet & @CandiceBergenMP should demand the release of this opinion. /end

And here is the Order in Council just released. orders-in-council.canada.ca/attachment.php…

Some further thoughts. Section 16 requires that public order emergencies also be a “threat to the security of Canada” under the CSIS Act (canlii.ca/t/5434f). /16

Section 2 of the CSIS Act defines “threat to security of Canada” as one of 4 things: “(a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage” … /17

“(b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person”… /18

“(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state” … and /19

“(d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada” /20

Are the activities targeted by new emergency measures a “threats to the security of Canada” under the definition in the CSIS Act? @DavidLametti, in the @OurCommons, must provide reasons for why the government reached this conclusion. And his reasons must stand up in court. /21

Another question. Section 19 sets out the powers granted to the federal government in a public order emergency. Which of these powers empower the federal government to freeze bank accounts, cancel vehicle insurance, or suspend vehicle licences? /22 et fin. (for now).