5 ms·

The war measures act was repealed in 1988

arcticbull 5y ago
Indeed, it was replaced with the Emergenices Act as I mentioned. In fact Justin Trudeau considered invoking it for the first time since the replacement in the COVID situation. [edit] Between that and the Notwithstanding Clause [1] there's a lot of latitude here. [1] https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Charter_of_Rights_and_Freedoms https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Cha...
- busymom0 5y ago
  Just want to mention that notwithstanding clause doesn’t apply to mobility rights for what it’s worth. Section 1 of the charter also allows a lot of latitude.
  - bawolff 5y ago
    There's already been a ruling on this https://www.cbc.ca/news/canada/newfoundland-labrador/nl-travel-ban-supreme-court-decision-1.5727549 https://www.cbc.ca/news/canada/newfoundland-labrador/nl-trav...
    - busymom0 5y ago
      The court used the section 1 of the charter in that case, not the notwithstanding clause. Also CCLA is appealing that case if I remember reading right.
      - bawolff 5y ago
        I meant in response to your second part about sect. 1 applying.
        busymom0 5y ago
        Ah makes sense. My bad.
- bawolff 5y ago
  The emergencies act doesn't allow for using military in the event of a public welfare emergency, as you seem to implying. It doesn't even allow for the federal government to order the police around > 9 (1) Nothing in a declaration of a public welfare emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction. https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html#h-213849 https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html#h... [Provinces can request military help, but that's unrelated to either the emergencies act or the now repealed war measures act]
- Joker_vD 5y ago
  Wait, are those two Treudeaus relatives?
  - halifaxbeard 5y ago
    Yes.
  - auxym 5y ago
    Justin is Pierre's son.

Indeed, it was replaced with the Emergenices Act as I mentioned. In fact Justin Trudeau considered invoking it for the first time since the replacement in the COVID situation. [edit] Between that and the Notwithstanding Clause [1] there's a lot of latitude here. [1] https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Charter_of_Rights_and_Freedoms https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Cha...

busymom0 5y ago
Just want to mention that notwithstanding clause doesn’t apply to mobility rights for what it’s worth. Section 1 of the charter also allows a lot of latitude.
- bawolff 5y ago
  There's already been a ruling on this https://www.cbc.ca/news/canada/newfoundland-labrador/nl-travel-ban-supreme-court-decision-1.5727549 https://www.cbc.ca/news/canada/newfoundland-labrador/nl-trav...
  - busymom0 5y ago
    The court used the section 1 of the charter in that case, not the notwithstanding clause. Also CCLA is appealing that case if I remember reading right.
    - bawolff 5y ago
      I meant in response to your second part about sect. 1 applying.
      - busymom0 5y ago
        Ah makes sense. My bad.
bawolff 5y ago
The emergencies act doesn't allow for using military in the event of a public welfare emergency, as you seem to implying. It doesn't even allow for the federal government to order the police around > 9 (1) Nothing in a declaration of a public welfare emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction. https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html#h-213849 https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html#h... [Provinces can request military help, but that's unrelated to either the emergencies act or the now repealed war measures act]
Joker_vD 5y ago
Wait, are those two Treudeaus relatives?
- halifaxbeard 5y ago
  Yes.
- auxym 5y ago
  Justin is Pierre's son.