Emergencies Act
Encyclopedia
The Emergencies Act is an Act
of the Parliament of Canada
to authorize the taking of special temporary measures to ensure safety
and security
during national emergencies and to amend other Acts in consequence thereof.
It received Royal Assent
on July 21, 1988, replacing the War Measures Act
.
The Emergencies Act differs from the War Measures Act in two important ways:
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. http://www.britishcolumbia.com/general/details.asp?id=44
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
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...
and security
Security
Security is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...
during national emergencies and to amend other Acts in consequence thereof.
It received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
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 in the event of "war, invasion or insurrection, real or apprehended"...
.
The Emergencies Act differs from the War Measures Act in two important ways:
- A declaration of an emergency by the Cabinet must be reviewed by Parliament
- 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. http://www.britishcolumbia.com/general/details.asp?id=44