The federal government has not met the threshold necessary to invoke the Emergencies Act. This law creates a high and clear standard for good reason: the Act allows government to bypass ordinary democratic processes. This standard has not been met.
The Emergencies Act can only be invoked, according to its own terms, when a situation “seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it,” or “seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada” and when the situation “cannot be effectively dealt with under any other law of Canada.”
The Emergencies Act is there to address these kinds of extreme threats to Canada, not to protect the economy.
Governments regularly deal with difficult situations, and do so using powers granted to them by democratically elected representatives. Emergency legislation should not be normalized. It threatens our democracy and our civil liberties.
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