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Emergencies Act
 
 
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The Emergencies Act is an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 of the Parliament of Canada
Parliament of Canada

The Parliament of Canada is Canada's legislature, seated at Parliament Hill in Ottawa, Ontario. The Governor General of Canada appoints the 105 members of the upper house, the Canadian Senate, on the recommendation of the Prime Minister of Canada....
 to authorize the taking of special temporary measures to ensure safety
Safety

Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be considered non-desirable....
 and security
Security

Security is the degree of protection against danger, loss, and criminals. Individuals or actions that encroach upon the condition of protection are responsible for a "breach of security."...
 during national emergencies and to amend other Acts
List of Acts of Parliament of Canada

The following is a list of notable Act of Parliament of Parliament of Canada....
 in consequence thereof.

It received Royal Assent
Royal Assent

The granting of Royal Assent is the formal method by which a constitutional monarchy completes the legislative process of lawmaking by formally assenting to an Act of Parliament....
 on July 21, 1988, replacing the War Measures Act
War Measures Act

The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers. The definition of the War Measures act is: An act to confer extraordinary powers upon the Governor in Council in the event of "war, invasion or insurrection, real or apprehended."...
.

The Emergencies Act differs from the War Measures Act in two important ways:

  1. A declaration of an emergency by the Cabinet must be reviewed by Parliament
  2. Any temporary laws made under the Act are subject to the Charter of Rights and Freedoms.


Thus any attempt by the government to suspend the civil rights of Canadians, even in an emergency, will be subject to the "reasonable and justified" test under section 1 of the Charter.






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The Emergencies Act is an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 of the Parliament of Canada
Parliament of Canada

The Parliament of Canada is Canada's legislature, seated at Parliament Hill in Ottawa, Ontario. The Governor General of Canada appoints the 105 members of the upper house, the Canadian Senate, on the recommendation of the Prime Minister of Canada....
 to authorize the taking of special temporary measures to ensure safety
Safety

Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be considered non-desirable....
 and security
Security

Security is the degree of protection against danger, loss, and criminals. Individuals or actions that encroach upon the condition of protection are responsible for a "breach of security."...
 during national emergencies and to amend other Acts
List of Acts of Parliament of Canada

The following is a list of notable Act of Parliament of Parliament of Canada....
 in consequence thereof.

It received Royal Assent
Royal Assent

The granting of Royal Assent is the formal method by which a constitutional monarchy completes the legislative process of lawmaking by formally assenting to an Act of Parliament....
 on July 21, 1988, replacing the War Measures Act
War Measures Act

The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers. The definition of the War Measures act is: An act to confer extraordinary powers upon the Governor in Council in the event of "war, invasion or insurrection, real or apprehended."...
.

The Emergencies Act differs from the War Measures Act in two important ways:

  1. A declaration of an emergency by the Cabinet must be reviewed by Parliament
  2. Any temporary laws made under the Act are subject to the Charter of Rights and Freedoms.


Thus any attempt by the government to suspend the civil rights of Canadians, even in an emergency, will be subject to the "reasonable and justified" test under section 1 of the Charter.

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