Monday, July 20, 2020

EMERGENCY MEASURES ACT

RE: Emergency Measures Act.

What has happened across Canada, is an ad-hoc approach to the encroachment civil rights - some Mayor arbitrarily decides to get heavy-handed and instructs the local police force to shut people in their homes. There are numerous examples of arbitrary application of laws, that is to say, laws applied for reasons they were never intended. IE. using Park's legislation to shut down parks to manage social distancing for disease control. There is a multitude of similar civil rights breaches and infringements that have occurred in this way - and with a multitude of bad precedents. Had the Emergency Measures Act been activated it would be a matter of public record as to why and its purposes, it would have been subordinated to the Charter and subject oversight by parliament, thus providing a legal umbrella to administer the law under; specifically the Emergency Measures Act. and then the law generally. In this way, social distancing and other measures, such as restricting the right to assembly would have been exercised under the EM act - rather than arbitrarily as they were. This process would have provided a clear statutory point of delineation - "date x" civil rights were intruded on and on "date b" it is now over. Further, and as concerning, in allowing the provinces to do this absent federal authority clearly given, federal paramountcy is weakened. 


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