HOW THE EMERGENCIES ACT WORKS

Prime Minister Justin Trudeau invoked rarely used special measures to end protests that have shut some border crossings and paralyzed downtown Ottawa.

The Freedom Convoy protests, started on Jan. 28 by truckers opposing a vaccinate-or-quarantine mandate for cross-border drivers, have turned into a rallying point for people opposed to a range of Trudeau’s policies including COVID-19 pandemic restrictions and a carbon tax.

The demonstrations shut the Ambassador Bridge in Windsor, Ont., the main economic corridor between Canada and the United States, for six days before it was reopened on Sunday.

WHAT IS THE EMERGENCIES ACT?

Under the act, Trudeau could impose special restrictions on public assembly and travel and mobilize federal support for local and provincial police. The act gives the federal government power to implement temporary measures to ensure safety and security during national emergencies.

A declaration of a public welfare emergency allows the government to regulate the distribution of essential goods, decide what are essential services and impose fines on violations of the act. It sets out a compensation scheme for those who suffer damages as a result of its application.

WHAT IS IT INTENDED FOR?

Passed in 1988, the Emergencies Act is intended for use when:

❚ An urgent and critical situation, temporary in nature, endangers the lives, health or safety of Canadians;

❚ The capacity or authority of provinces to handle the situation is considered lacking; and

❚ The crisis cannot be defused effectively using other Canadian laws.

WHAT IS THE HISTORY OF THE ACT?

Previously known as the War Measures Act, the Act has been used only three times in Canadian history: during the two world wars and in 1970 by Trudeau’s father, late Prime Minister Pierre Trudeau, after militant Quebec separatists kidnapped a British diplomat and a provincial cabinet minister.

Trudeau considered using the act at the start of the pandemic.

HOW CAN THE ACT BE INVOKED?

Parliament would have to approve within seven days a government move to invoke the emergency measures, and Parliament also has the power to revoke them.

Trudeau’s Liberal minority government needs help from the opposition to pass the measures in Parliament. On Monday, New Democrat Leader Jagmeet Singh said his left-leaning party would be willing to back the move if it means ending protests.

Any temporary laws made under the act can be challenged in court and are subject to the Charter of Rights and Freedoms.

Once invoked, the Emergencies Act requires holding a public inquiry within 60 days after the crisis has ended, and the resulting report being tabled in Parliament within one year.