Thread by @sujit_choudhry

Yesterday @JustinTrudeau exercised powers under the #EmergenciesAct and issued 3 legal instruments. I’ve R/T a lengthy 🧵below raising legal questions for @DavidLametti to address in @HoCChamber @OurCommons and for @theJagmeetSingh @CandiceBergenMP @yfblanchet to ask questions./1

https://twitter.com/sujit_choudhry/status/1493603443797340178

The first instrument is the Proclamation Declaring a Public Order Emergency: SOR/2022-20. It sets out 5 reasons for declaring a public order emergency under the #EmergenciesAct gazette.gc.ca/rp-pr/p2/2022/… /2

1. blockades are being carried on in conjunction w activities directed toward or in support of threat/use of acts of serious violence against persons or property, including critical infrastructure, for the purpose of achieving a political or ideological objective in Canada /3

2. adverse effects on Canadian economy and threats to economic security resulting from the impacts of blockades of critical infrastructure, including trade corridors and international border crossings /4

3. adverse effects resulting from the impacts of the blockades on Canada’s relationship with its trading partners, including the United States, that are detrimental to the interests of Canada /5

4. breakdown in the distribution chain and availability of essential goods, services and resources caused by the existing blockades and the risk that this breakdown will continue as blockades continue and increase in number /6

5. the potential for an increase in the level of unrest and violence that would further threaten the safety and security of Canadians /7

The Emergency Measures Regulations: SOR/2022-21 exercises emergency powers. gazette.gc.ca/rp-pr/p2/2022/… /8

It prohibits public assemblies reasonably expected to lead to breach of the peace by serious disruption of movement of persons/goods or serious interference w trade; interference with functioning of critical infrastructure; support of threat/use of acts of serious violence /9

It designates “protected places” that “may be secured”: critical infrastructure; Parliament Hill and the parliamentary precinct; official residences; government buildings and defence buildings; war monuments; any other place as designated by @BillBlair /10

The third instrument is the Emergency Economic Measures Order: SOR/2022-22 gazette.gc.ca/rp-pr/p2/2022/… /11

It applies to financial institutions + transactions. It requires banks, credit unions, insurance cos, fundraising platforms, payment platforms etc. to not deal in any property owned, held or controlled by persons engaging in prohibited public assemblies /12

It also requires those entities to determine whether they are in possession or control of property that is owned, held or controlled by persons engaging in prohibited public assemblies. /13

I will offer more thoughts on these Proclamations and Orders. But I have a basic question: has @JustinTrudeau met the condition in s. 3 of #EmergenciesAct that the situation “cannot be effectively dealt with under any law of Canada”? /14 et fin (for now).