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Lyle Skinner Profile picture
Lyle Skinner
@SkinnerLyle
Constitutional Lawyer specializing in Parliamentary & Emergency Management Law. Historian & procedural nerd. NBer All tweets my own misinformed exotic opinion.
Mar 7 • 5 tweets • 2 min read
The Federal Court Decision regarding prorogation is out.

The Court dismissed the application; however, the Court ruled they have jurisdiction to possibly review the constitutionality of a PM advising prorogation in the future.

I expect an appeal by Government #cdnlaw #cdnpoli Image I would expect the government to appeal the aspect that the advice of the Prime Minister to the Governor General regarding prorogation is reviewable by the Courts. The implications are significant, especially in provinces like New Brunswick or Ontario that have annual prorogation
Jan 31, 2024 • 18 tweets • 4 min read
This is a very unusual approach & it is unclear exactly what the reference question will be.

Legislative issues except for offences under the Act, can be addressed retroactively by passing a new law.

The usual remedy is to recall the Legislature. What is the issue? /N #nbpoli Legal retroactivity although allowed in most circumstances starts to violate the rule of law because you are changing the law for actions in the past. There is a presumption that law operates on a go forward basis.
Dec 3, 2022 • 17 tweets • 6 min read
The fact that the Sovereignty Act accidentally gives Cabinet unlimited power to amend any law highlights why Cabinet should not have such powers.

Any errors in orders issued via the sovereignty act will only be noticed after they have the force of law. #abpoli #ableg #cdnlaw A big error: 4(1)(a)(i) gives Cabinet the power to amend or suspend any law (act or reg) without the Assembly if it deems it in the public interest to prevent harm to Albertans

Cabinet can repeal the fixed elections law or amend the sovereignty act, if it is necessary #abpoli
Dec 1, 2022 • 6 tweets • 2 min read
The Sovereignty Act contains obvious drafting errors like accidently giving Cabinet nearly unlimited power.

Giving Cabinet these powers means no public scrutiny in the Legislature to correct drafting errors before they are law.

#ableg #abpoli #cdnlaw Specifically any directive by Cabinet to direct a Minister to change a law is only public AFTER the fact (within 30 days).

However, this is separate from the Minister actually changing the law.

Public scrutiny of any drafting errors will only occur AFTER the law is in force. Image
Dec 1, 2022 • 6 tweets • 2 min read
There are presently no limits to which acts Cabinet can suspend or amend without the Assembly. If Cabinet concludes it is in the public interest to prevent harm due to a federal initiative, they could amend the Sovereignty Act to remove any limitations on powers #abpoli Notwithstanding the obvious constitutional issues surrounding federalism, the act as presently drafted can allow a cabinet to amend the Sovereignty Act itself to give itself even more powers which is quite a loophole.
Sep 3, 2022 • 17 tweets • 8 min read
The last time a Lieutenant Governor unilaterally vetoed a bill occurred on April 19 1945 in PEI.

This was over a bill to allow physicians to prescribe a 6 month supply of alcohol. The @PEIGuardian reported LG Lepage was lobbied by Temperance Federation #peipoli #cdnpoli PEI LG LePage stated to the Temperance Federation a few days prior to his witholding of Assent to that he was a staunch prohibitionist all his life and was concerned about the bill. He refused to state whether he would veto the bill.

Conveniently the group had a legal opinion!
Sep 1, 2022 • 10 tweets • 3 min read
Scenarios👑:
1)LG independently refusing to grant Royal Assent
2)Reserving a bill for Assent by the GG either on federal instruction or independently. GG has 1 year to proclaim the bill into law (likely fed Minister of Justice advising)
3) Disallowance by federal decree #abpoli Disallowance is declaring inoperative a law that is currently in force whereas reservation holds that a law is inoperative unless assented to by the GG

Fed Cabinet has 1 year to disallow. It takes effect when the LG issues a proclamation or by message to the Assembly
May 10, 2022 • 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…
May 10, 2022 • 9 tweets • 3 min read
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
Feb 6, 2022 • 16 tweets • 5 min read
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…
Feb 6, 2022 • 12 tweets • 3 min read
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
Oct 29, 2021 • 22 tweets • 7 min read
🧵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
Sep 27, 2021 • 5 tweets • 2 min read
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
Sep 22, 2021 • 5 tweets • 2 min read
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
Sep 15, 2021 • 14 tweets • 4 min read
Now let's look at what the government could do using the Public Health Act. 1st is closing down businesses and also placing capacity restrictions. In fact they did exactly that when the original "modern" public Health Act was passed in 1918 to address the Spanish Flu. #nbpoli The powers under the Public Health Act re notifiable diseases in humans are divided into two areas. Medical Officers of Health have powers (currently being used) & Cabinet has a more general power to make regulations to control of covid or the vaccination of residents"
Sep 15, 2021 • 10 tweets • 3 min read
With the announcement of possible new public health restrictions being approved by the NB cabinet. let's have a quick look at what the province cannot do without a state of emergency: any matters that do not fall within the purpose of the Public Health Act #nbpoli Generally if we look at the Mandatory Order, it conferred extraordinary powers to the Minister of Public Safety and cabinet to take additional measures related to addressing an emergency.
Sep 14, 2021 • 11 tweets • 3 min read
On Nov 14, 1918 the NB Minister of Health lifted public gathering restrictions after shutting the province down on Oct 11. Schools reopened on Nov 18. His letter has commentary that is very relevant for NB in its path living with covid. Let's have a look. /N #nbpoli In lifting public health restrictions in 1918 the NB Minister stated that "the Department of Health would not wish it to be understood, that it regards the epidemic as completely done and over with. In probably very few parts of the province is this absolutely the case" /2
Sep 13, 2021 • 5 tweets • 2 min read
A reminder that the Public Health Act gives cabinet the ability to make regulations related to the control of notifiable diseases, & respecting the vaccination of residents of the Province. There is no need to declare a state of emergency to reintroduce certain measures #nbpoli Whether certain measures are needed should be based on recommendations from Public Health.
Aug 20, 2021 • 17 tweets • 5 min read
I agree with @DominicCardy view that there should be mandatory vaccination in schools. To do so, the Education and Public Health Acts needs to be amended to require mandatory vaccination of any students who can receive the covid-19 vaccine. Why? Let me explain #nbpoli /n Presently only those students who are entering school for the first time have to show proof of immunization for a list of diseases outlined in Public Health regulations. There is a separate list for childcare operators #nbpoli /2
Aug 19, 2021 • 6 tweets • 3 min read
Crowdsourcing: It appears a drafting error was created in the OAS Act. A defeated gov amendment to BIA C-30 at report stage to restore clause 158 resulted in all subsequent clauses being offset by -1. Does this cause an error in whether the $500 payment is income for the OAS Act? For example, is the $500 one time payment for seniors 75+ is no longer exempt income for the OAS act as s.268 of the BIA 2021 now accidentaly refers to the Public Service Employment Act by referencing s.276 rather than s.275?
Aug 18, 2021 • 4 tweets • 2 min read
Historically New Brunswick had mandatory vaccination laws for all individuals in the province against smallpox. These became more limited to those in high risk employment settings. Depending on the context government isn't required to offer an employment accommodation. #nbpoli The Moncton Daily Transcript reporting in January 1900 that cabinet authorized a mandatory vaccination order in Campebellton and Moncton to combat a smallpox outbreak. There was a defect in the regulations which was deemed retroactively valid via a 1903 law Image