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Emergency Law in Canada: Commentary & Legislation
This pandemic-inspired legal reference explores the powers conferred by both federal and provincial emergency legislation in Canada – what they are, how legislatures have created them, how federal and provincial leaders have used and may use them, and how courts and other participants in our democratic system can hold governments accountable when they do.
Publication Language: English
Published: February 12, 2021
Publisher: LexisNexis Canada
Written by Eric S. Block and Adam Goldenberg, two of Canada’s top legal advisors on the intricacies of emergency law – with Forewords by the Hon. Jean Charest and Dean Adam Dodek – this new text provides perspectives on Canadian governments’ emergency powers – insights that are particularly valuable and timely during the COVID-19 pandemic.
In Emergency Law in Canada: Commentary & Legislation, the authors examine Canada’s emergency legislation – both the federal Emergencies Act and its provincial and territorial counterparts – as well as its historical context and legal framework. In reviewing the key features of the country’s emergency laws, this guide provides lawyers and stakeholders with the essential information they need to understand and advise on the implications of Canadian governments’ responses to crises, including pandemics.
With an easy-to-understand overview of complex concepts written in plain language, this text serves as a go-to, quick reference on emergency law for a broad range of readers.
Emergency Law in Canada: Commentary & Legislation includes the full text of the relevant federal law as well as the statutes from Ontario, British Columbia, Alberta and Quebec.
This new publication will be an essential reading for:
- Constitutional law practitioners who represent clients in actions that require an understanding of emergency law
- Government counsel who must advise federal and provincial governments on issues related to government authorities and powers
- Law schools who want to provide access to a legal reference on this very niche topic
- Municipal law practitioners who advise municipal governments on jurisdictional and division of power issues that arise from the application of federal, provincial, and territorial emergency legislation
Table of Contents
Commentary
Part I: The Emergencies Act
1. Emergency powers in Canada in historical context
i. Pre-Confederation
2. The scheme of the Emergencies Act
i. The legacy of the October Crisis
ii. Four types of national emergencies
iii. Declaring a “national emergency”
3. Accountability in the Emergencies Act
i. Parliamentary accountability
ii. Judicial accountability
4. The end of a “national emergency”
5. Compensation
Part II: Provincial and territorial emergency legislation
1. Common provisions
i. Mechanisms for emergency planning
ii. Exercise of emergency powers
iii. Conditions for the extension/termination of an emergency
iv. Declaration of sub-provincial emergencies
v. Offences
vi. Protection from liability
2. Unique provisions
i. Compensation for takings
ii. Agreements with other jurisdictions
iii. Legislative oversight
Part III: Conclusion
Legislation
Emergencies Act, R.S.C. 1985, c. 22 (4th Supp.)
Emergency Management Act, R.S.A. 2000, c. E-6.8
Emergency Program Act, R.S.B.C. 1996, c. 111
Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9
Civil Protection Act, CQLR, c. S-2.3