Author: Tracey Young. (Feb. 22, 2022). Canadian Politics: Motion for confirmation of the declaration of emergency - Passed, February 21, 2022. Canadian Advocacy Centre for Health, Safety and Justice. Retrieved from: https://canadianadvocacycentre.blogspot.com/2022/02/canadian-politics-motion-for.html.
In this article, I present the following information:
■ Emergencies Act: Declaration of a public order emergency
■ Governor General Mary May Simon: Proclamation Declaring a Public Order Emergency
■ Motion to Parliament: Confirmation of the declaration of emergency
■ Next Steps: Senators of Canada Vote on the Motion
■ Liberal Party: How the Emergencies Act is Being Used
■ Articles, Op-Eds & RCMP Statement
■ Canadian COVID-19 Epidemiological Statistics for February 21st and February 22, 2022
■ Canadian COVID-19 Vaccine Adverse Health Reports to February 11, 2022
Introduction
On February 21, 2022 a historic vote was taken by Parliamentarians in Canada's House of Commons. For three weeks, Canadian Truckers had been protesting mandatory vaccinations ordered by the Liberal Party in Ottawa. Protests were also set up at borders and bridges. The Freedom Convoy has been protesting to end vaccine mandates in Canada.
On February 14, 2022, Justin Trudeau, Prime Minister, invoked the Emergencies Act (1985) for the first time in Canadian history to shut down Canadians' exercise of the Canadian Charter of Rights and Freedoms (1982) to protest about the vaccine mandates for truckers and all Canadians.
Scenes of aggression and police brutality have been viewed all over the world. Many legal experts and lawyers dispute that the Liberal government met the legal threshold to invoke the Emergencies Act ("EA"). Several organizations have announced they will initiate legal action over what many are calling an "over-reach" of power by the Trudeau government.
To further muddy the waters, and complicate the vote, word went out that the vote on the motion to invoke the EA would also be considered a vote of confidence in Trudeau, as Prime Minister. If the motion lost, the government would have fallen and Canada would have gone to another election.
In the end, as they were predicted to do, the NDP voted with the Liberal party and the motion to support the invocation of the Emergencies Act was passed 185to 151. Little is known about how far the Liberal government will take this unprecedented and unwarranted power grab.
Emergencies Act: Declaration of a public order emergency
17 (1) When the Governor in Council believes, on reasonable grounds, that a public order emergency exists and necessitates the taking of special temporary measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 25, may, by proclamation, so declare.
Contents
(2) A declaration of a public order emergency shall specify
(a) concisely the state of affairs constituting the emergency;
(b) the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and
(c) if the effects of the emergency do not extend to the whole of Canada, the area of Canada to which the effects of the emergency extend.
Effective date
18 (1) A declaration of a public order emergency is effective on the day on which it is issued, but a motion for confirmation of the declaration shall be laid before each House of Parliament and be considered in accordance with section 58.
Expiration of declaration
(2) A declaration of a public order emergency expires at the end of thirty days unless the declaration is previously revoked or continued in accordance with this Act.
Link: https://laws-lois.justice.gc.ca/eng/acts/e-4.5/page-1.html#h-213927
Emergencies Act (1985). Retrieved from: https://laws-lois.justice.gc.ca/eng/acts/e-4.5/page-1.html#h-213927.
Canada Gazette, Part II, Volume 156, Extra Number 1
Registration
SOR/2022-20 February 15, 2022
EMERGENCIES ACT
A Proclamation
Whereas the Governor in Council believes, on reasonable grounds, that a public order emergency exists and necessitates the taking of special temporary measures for dealing with the emergency;
Whereas the Governor in Council has, before declaring a public order emergency and in accordance with subsection 25(1) of the Emergencies Act, consulted the Lieutenant Governor in Council of each province, the Commissioners of Yukon and the Northwest Territories, acting with consent of their respective Executive Councils, and the Commissioner of Nunavut;
Now Know You that We, by and with the advice of Our Privy Council for Canada, pursuant to subsection 17(1) of the Emergencies Act, do by this Our Proclamation declare that a public order emergency exists throughout Canada and necessitates the taking of special temporary measures for dealing with the emergency;
And We do specify the emergency as constituted of...
Link: https://www.gazette.gc.ca/rp-pr/p2/2022/2022-02-15-x1/html/sor-dors20-eng.html
SUBJECT
Motion for confirmation of the declaration of emergency
VOTE NO. 32; 44TH PARLIAMENT, 1ST SESSION
Sitting No. 36 - Monday, February 21, 2022
Link: https://www.ourcommons.ca/members/en/votes/44/1/32
Motion Sponsor:
See the published vote in the Journals of February 21, 2022
Link:
SUMMARY
Results: Agreed To
Yea: 185
Nay: 151
Paired: 0
Total: 336
VOTE DETAILS
Visit the link to see how Members of Parliament (MP's) voted.
Link: https://www.ourcommons.ca/members/en/votes/44/1/32
Next Steps: Senators of Canada Vote on the Motion
The Motion now goes to the Senate of Canada for their vote. There are currently 105 Senators.
Link: https://sencanada.ca
Read more about the Senators:
Link: https://sencanada.ca/en/senators/
Liberal Party: How the Emergencies Act is Being Used
Financial Instruments: Banks Can Freeze Bank Accounts & Credit
Chrystia Freeland, Deputy Prime Minister and Finance Minister, details how some Emergencies Act powers, particularly "financial instruments," will be made permanent. (Feb. 18, 2022).
Link: https://twitter.com/inklessPW/status/1494752731441123328
Alberta is Filing a Court Challenge to the Emergencies Act
Jason Kenney, Premier of Alberta, February 19, 2022:
"Alberta is filing a Court challenge to the unjustified use of the Emergencies Act. We may also intervene in support of other Court challenges.
As Tommy Douglas said about the use of the War Measures Act in 1970, it’s like “using a sledgehammer to crack a peanut."
Link: https://twitter.com/jkenney/status/1495172077879369731
Alberta will launch a Court challenge of the Trudeau government’s invocation of the Emergencies Act, because it is: - unnecessary - disproportionate - violates natural justice - intrudes into provincial jurisdiction - creates a dangerous precedent.
Link: https://twitter.com/jkenney/status/1495153369538723843
Mark Gerretsen, Liberal MP Reports Use of Financial Aspects of EA Use (Feb. 19, 2022)
The Emergencies Act has allowed: - The freezing of 113 financial products - The disclosure of 47 entities - 251 Bitcoin addresses have been shared with virtual currency exchangers - One financial institution freezing the account of a payment processor to a value of $3.8M
Link: https://twitter.com/MarkGerretsen/status/1495217171177349120
Parliamentary Debate on the Motion, February 21, 2022
Candice Bergen, Interim leader of the Conservative party, asks Trudeau what power is needed right now under the Emergencies Act that doesn't exist under current Canadian law. Post Millenial. Twitter.
Link: https://twitter.com/TPostMillennial/status/1495843824450650112
Articles, Op-Eds & RCMP Statement
OPINION:
Canadian lawyers urge rejection of Emergencies Act
Toronto Sun. (Feb. 21, 2022). Retrieved from: https://torontosun.com/opinion/columnists/opinion-canadian-lawyers-urge-rejection-of-emergencies-act.
RCMP Statement on the freezing of bank accounts
Royal Canadian Mounted Police (RCMP).
February 21, 2022 - Ottawa, Canada
Under the Emergency Economic Measures Order (Emergencies Act), the list that was provided to financial institutions included identities of individuals who were influencers in the illegal protest in Ottawa, and owners and/or drivers of vehicles who did not want to leave the area impacted by the protest. At no time, did we provide a list of donors to financial institutions.
We are now working with the banks to build a process to address the accounts that were frozen.
Link: https://blockade.rcmp.ca/news-nouvelles/ncr-rcn211130-s-d-en.html
Bergen Statement: Bergen Reacts to Vote on Emergency Measures: Tables Motion to Revoke (Feb. 21, 2022)
Breaking: Trudeau will retain Emergency Powers
Bexte, K. (Feb. 21, 2022). The Countersignal. Retrieved from: https://www.thecountersignal.com/news/trudeau-will-retain-power.
Emergencies Act passes crucial House of
Commons vote with NDP support: Motion affirming Emergencies Act passes House by
vote of 185 to 151
Major, D. (Feb. 21, 2022). CBC News. Retrieved from: https://www.cbc.ca/news/politics/trudeau-emergencies-act-vote-1.6359243.
Canadian COVID-19 Epidemiological Statistics for February 21 and February 22, 2022
Source: Government of Canada. (Feb. 21 and Feb.22, 2022). Coronavirus disease 2019 (COVID-19): Epidemiology update. Retrieved from: https://health-infobase.canada.ca/covid-19/epidemiological-summary-covid-19-cases.html.
Canadian COVID-19 Vaccine Adverse Health Reports to February 11, 2022
Source: Government of
Canada. Reported side effects following COVID-19 vaccination in Canada, up to February
11, 2022. https://health-infobase.canada.ca/covid-19/vaccine-safety/.
Copyright © 2022.Tracey Young/Canadian Advocacy Centre for Health, Safety and Justice. All Rights Reserved.
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