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Lyle Skinner Profile picture
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May 10 • 6 tweets • 2 min read
The New Brunswick Minister of Health tabled significant changes to the Public Health Act today.

These may appear minor but they provide legislative adjustments so New Brunswick no longer has to resort to using a State of Emergency in a subsequent wave of COVID. #nbpoli #cdnlaw
At first glance, these amendments address several concerns I identified with the current Public Health Act: unclear roles, unclear class orders, allowing closure of premises related to notifiable diseases, increasing fines.

I discussed changes on my blog:
lyleskinner.blogspot.com/2022/04/sugges…
In any legislation there will always be room for improvement. Let me be clear at first glance full credit to Public Health and the Office of the Attorney General.

Bill 104 provides a proper legal framework for New Brunswick to respond to pandemics.
The Assembly should carefully consider detention powers especially when the purpose of the Public Health Act is dramatically different than the Emergency Measures Act.

These amendments however do strike a better balance respecting the rule of law than the Mandatory Order
I will undertake a more thorough review but NB is finally moving towards a rules based response to future pandemics. This has to be commended and it ensures the excesses of the last 2 years of using the Emergency Measures Act won't occur in the future.
A link to Bill 104, likely the most underrated Bill of this session of the New Brunswick Legislative Assembly.
legnb.ca/content/house_…

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More from @SkinnerLyle

Lyle Skinner Profile picture
May 10
A neat procedural / consitutional update: The NB LG transmitted a message to the Assembly that Bill 99, an Act to amend the Electricity Act receives a Royal Recomendation per section 90 of the Constitution Act, 1867 #nbpoli
S.90 of the Constitution Act, 1867 is a restatement in Provincial Constitutions of the requirement that any monies appropriating revenue from the Consolidated Revenue Fund must be recommended by the Lieutenant Governor. This is a key feature of Responsible Government /2
S.54 of the Constitution Act, 1867 indicates that there is a requirement for the GG (LG) to recommend the appropriation of public monies form the Consolidated Revenue Fund. Why? /3
Read 9 tweets
Lyle Skinner Profile picture
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
Lyle Skinner Profile picture
Feb 6
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.
Read 12 tweets
Lyle Skinner Profile picture
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
Lyle Skinner Profile picture
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
Lyle Skinner Profile picture
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

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