NomiClaireLazar Profile picture
Prof @uOttawaGSPIA | Constitutions | Rhetoric Time & Apocalypse | Prisons | Bks @yalepress Out of Joint @cambridgeUP States of Emergency | UO Governing Board
Feb 19, 2022 13 tweets 3 min read
1/13🧵Does Canada’s convoy crisis meet the threshold for a Public Order Emergency under the #emergenciesact?

Everyone agrees this has to end, but experts & MPs reasonably disagree on whether this was the best or necessary way.

Is there one right answer? If not, how to decide? 2/ Sometimes emergencies are obvious: An earthquake renders roads impassable for ambulances; a flood threatens to overwhelm levees; a nuclear power plant melts down; there's an invasion.

But it's common for emergencies to be ambiguous & influenced by practical considerations.
Feb 15, 2022 8 tweets 2 min read
A🧵on emergency safeguards. No #stateofemergency is safe, & all safeguards ultimately depend on citizens holding leaders accountable, but the #EmergenciesAct has several excellent features that make it safer than most. It's well designed. What are these safeguards? First, & most importantly, the #EmergenciesAct fits w/ & must conform to the Charter of Rights &Freedoms, & Canada must uphold its obligations under the International Covenant on Civil and Political Rights. S.1 of the Charter, & ICCPRArt. 4 allow for emergency rights limitations.
Feb 12, 2022 8 tweets 2 min read
1/8 🧵Folks are asking 'Why don't we use the Emergencies Act?" This Act came into effect in '88 after the abolition of the War Measures Act, & it's never been used in Canada. That's because we haven't needed it, & that's good. Prov. & municipal powers have done the job. But now? 2/8 In this @IRPP piece, @WesleyWark argued we can't use the Emergencies Act because the Convoy situation doesn't meet the definition of a Public Order Emergency. That definition must be made broader, he claims. But I disagree for two reasons... policyoptions.irpp.org/magazines/febr…