Reject The Emergencies / War Measures Act
Earlier this week, the federal government invoked the Emergencies Act (formerly known as the War Measures Act) for the first time since 1970.
As a reminder, the War Measures Act was invoked in 1970 because the Quebec nationalist group, Front de libération du Québec, set off over 200 bombs across Quebec, kidnapped a British diplomat, and kidnapped and murdered the Deputy Premier of Quebec, Pierre Laporte.
We highlight this most recent usage of the War Measures Act to explain the extremely high bar required to invoke this massive expansion in government powers, and even then its usage was opposed by the NDP on civil liberties grounds.
Since 1970, Canada has faced many crises in many different forms.
The Emergencies / War Measure Act was not used to resolve the Oka Crisis, a series of protests where multiple deaths and hundreds of injuries occurred, the Calendonia land dispute, the extended blockade of pipelines and railways in 2020 and 2021, the September 11th attacks, or even the COVID-19 pandemic itself.
This is because the Emergencies / War Measures Act contains extremely strict rules about when it may be used.
Just one of these many restrictions says that a crisis must “exceed the capacity or authority of a province to deal with it” before the federal government may step in and take over.
The crisis must also be of a nationwide nature, not restricted to just a small geographic area.
Given all the border blockades across the country were handled and ended by provincial governments before the federal government even invoked the Act, and the only remaining protest is the one in his own backyard in Ottawa, the current protest clearly fails to meet this criteria.
Unfortunately, the nature of the Emergencies / War Measures Act is that it can be initially invoked unilaterally by the government without a vote in Parliament, and a vote in Parliament need only occur if the government wishes to extend the emergency beyond seven days.
While courts may ultimately rule that the Prime Minister's usage of this law was illegal, the requirement to hold a vote in Parliament presents an opportunity to end this government overreach immediately.
The government has already announced that they intend to attempt to extend the emergency by holding a vote in Parliament, but because the government holds only a minority in the Parliament and the Senate, the opposition and independents have a very real opportunity to block the government's plan.
That's why it's vital that we call on every single member of the Parliament of Canada, including Members of Parliament and Senators from all parties, to protect the rights and freedoms of Canadians by rejecting the federal government's invocation of the Emergencies / War Measures Act.
Countless legal experts and civil liberties groups across the country have already denounced the use of this law and called on the government to reverse course.
If you agree, please sign this petition, and encourage all your friends, family, and co-workers to do the same.
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It’s a disgrace and we need a “no confidence” vote to remove Justin Trudeau!!
Fact in point: All federal laws are currently subject to the Canadian Bill of Rights. This means that even the choice to invoke the notwithstanding clause in the Charter of Rights and Freedoms will have no effect on the Canadian Bill of Rights.
NOTE: In addition to the rights and freedoms outlined in these federal acts, the BNA Act of 1867, section 92 (13), places civil liability in the hands of the provinces. This removes the Prime Minister’s Office and the federal government even further from any action that could be considered a civil disability.
Please read these laws carefully. When the Canadian Bill of Rights was introduced in 1960 it effectively subjected any future or past legislation to it that did not have a phrase indicating “this act operates nothwithstanding the bill of rights”. The Emergency Act and for that matter any other Act of existing in law today does not contain this phrase. In fact the Emergency Act even states that it is subject to the Canadian Bill of Rights.
This effectively means that even if the Prime Minister called a state of emergency invoking every act he could find, there would be no effect on the rights and freedoms outlined in the Canadian Bill of Rights. Any attempt to enforce this would go 100% against our own laws.
For once let’s wake up and just say no. It does not apply. Announce these facts in every Province and simply ignore the idiocy of Justin Trudeau.
Canadian Bill of Rights
S.C. 1960, c. 44
Assented to 1960-08-10
An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms
Preamble
The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;
Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;
And being desirous of enshrining these principles and the human rights and fundamental freedoms derived from them, in a Bill of Rights which shall reflect the respect of Parliament for its constitutional authority and which shall ensure the protection of these rights and freedoms in Canada:
Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART I
Bill of Rights
Construction of law
2 Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to …
Emergencies Act
R.S.C., 1985, c. 22 (4th Supp.)
An Act to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof
[1988, c. 29, assented to 21st July, 1988]
Preamble
WHEREAS the safety and security of the individual, the protection of the values of the body politic and the preservation of the sovereignty, security and territorial integrity of the state are fundamental obligations of government;
AND WHEREAS the fulfilment of those obligations in Canada may be seriously threatened by a national emergency and, in order to ensure safety and security during such an emergency, the Governor in Council should be authorized, subject to the supervision of Parliament, to take special temporary measures that may not be appropriate in normal times;
AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;
NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Even the Constitution Act of 1982, also referred to as the Charter of Rights and Freedoms, is subject to the Canadian Bill of Rights. Unless the Charter expressly states that it operates notwithstanding the Canadian Bill of Rights, which it does not, then the charter is subject to the Canadian Bill of Rights.