Emergencies Act - what new powers mean for protest . . . .

[Oscar]

What the federal government's new powers might mean for the Ottawa protest

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Prime Minister Justin Trudeau and his cabinet have triggered the Emergencies Act — a decades-old law that gives sweeping powers to the federal government to establish order during a crisis. The law, which has never before been invoked, gives the federal government substantial short-term powers.

Here's a look at some of the biggest questions about the act and what it might mean for the protest in Ottawa:

What can the federal government do now?

In the context of the Ottawa protest, Trudeau said the federal powers will be used to prohibit people from illegally gathering in the city's downtown core and to order tow truck companies in the area to help remove big rigs used in the protests.

The RCMP, which normally doesn't carry out many policing functions in Ontario, will be empowered to enforce all municipal bylaws and provincial offences.

The cabinet is also directing banks and financial institutions to halt the flow of funds to protest organizers through amendments to the Proceeds of Crime and Terrorist Financing Act. Deputy Prime Minister Chrystia Freeland said the corporate accounts of truckers participating in the Ottawa blockade will be frozen and their insurance will be suspended.

Is there a role for the military?

The Emergencies Act itself is silent on the role of the military during this sort of emergency. Trudeau said the government is "not using the Emergencies Act to call in the military," so a role for the Canadian Armed Forces is off the table for now.

How long would these powers be in effect?

As soon as the cabinet declares an emergency, the powers go into effect immediately. The act stipulates, however, that Trudeau and his ministers also must go before Parliament to seek approval from MPs and senators within seven days. The act says that these extraordinary powers are time-limited to just 30 days, although they could be extended.

What do experts think?

Reaction is mixed. Wesley Wark, a senior fellow at the Centre for International Governance Innovation and one of the country's top intelligence experts, said invoking the Emergencies Act against the blockades is "long overdue." The occupation of downtown Ottawa has been mishandled by local authorities and law enforcement, and one level of government should be "clearly in charge of the situation," Wark said.

Leah West, a former national security lawyer with the federal Justice Department, takes a different view. West told CBC News she's not convinced that the ongoing protests rise to the level of a public order emergency. "As someone who studies the law very carefully, I'm kind of shocked, to be honest, that the government actually believes this meets the definition to even invoke the act," she said.


More on this issue :

Read the full story, including more on what the act says, here.
[ https://www.cbc.ca/news/politics/emerge ... -1.6351504 ]


ANALYSIS | By invoking the Emergencies Act, Trudeau tries to seize a new crisis
[ https://www.cbc.ca/news/politics/trudea ... -1.6351781 ]


Hacked convoy data shows more than half of donations came from U.S.
[ https://www.cbc.ca/news/politics/convoy ... -1.6351292 ]

[Oscar]

Emergencies Act passes crucial House of Commons vote with NDP support

[ https://www.cbc.ca/news/politics/trudea ... hewan_1651 ]

Motion affirming Emergencies Act passes House by vote of 185 to 151

Darren Major · CBC News · Posted: Feb 21, 2022 10:45 AM ET | Last Updated: February 22

Prime Minister Justin Trudeau rises during Question Period in the House of Commons on Monday. He said the decision to trigger the Emergencies Act was not one he and his government took lightly. (Adrian Wyld/The Canadian Press)

A motion affirming the Liberal government's decision to invoke the Emergencies Act passed a crucial House of Commons vote Monday, ensuring the expansive powers contained in the act remain in use by authorities thanks to parliamentary support from the New Democrats.

While the powers contained in the Emergency Act took effect immediately, the Liberal government needed to seek approval for its decision to invoke the act from the House of Commons within seven days. If that vote had failed, the emergency declaration would have been revoked.

Conservative MPs in the House booed and shouted "shame" when the first NDP MPs stood up to vote in favour of the motion. The Conservatives, however, applauded Bloc Québécois MPs when they stood to support the Conservatives.


The Liberals cheered loudly, drowning out heckles from the Conservatives when Green MP Elizabeth May voted in favour of the motion, which passed by a vote of 185 to 151.

Immediately after the vote passed, interim Conservative Leader Candice Bergen stood up and tried to enter a motion recalling the use of the Emergencies Act, but that motion was ruled out of order.

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