Prime Minister Justin Trudeau and the provincial and territorial leaders spoke Monday about the possibility of invoking the federal Emergencies Act as the COVID-19 pandemic spreads — legislation that empowers Ottawa to do just about anything it thinks is necessary to cope with the crisis.
Prime Minister Justin Trudeau and the provincial and territorial leaders spoke Monday about the possibility of invoking the federal Emergencies Act as the COVID-19 pandemic spreads — legislation that empowers Ottawa to do just about anything it thinks is necessary to cope with the crisis.
Trudeau briefed them on the current state of federal efforts to combat a pandemic that has infected some 2,500 Canadians and shuttered many businesses — leaving more than a million people temporarily unemployed.
Some premiers were eager for a co-ordinated, national response while others were concerned about what invoking the act would mean for local decision making, multiple provincial sources told CBC News after the call.
There was no unanimity among the premiers over whether Ottawa should proceed with the act given the sweeping powers it would grant to the federal government at the expense of the provinces on the frontlines of this pandemic. Provincial and territorial leaders stressed the need for more essential supplies like face masks and coronavirus testing devices.
Deputy Prime Minister Chrystia Freeland said earlier Monday the Emergencies Act is a “measure of last resort,” but it might be required if Canada is to implement some extraordinary measures — beyond existing provincial actions.
Every province has declared a state of emergency already to restrict public movement and close most businesses, along with other restrictions, in an effort to limit the spread of the deadly virus.
“I can tell you that we haven’t taken anything off the table — from the Emergencies Act to new measures — or existing measures under the Quarantine Act. They are tools that are at our disposal,” Trudeau said.
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“One of the key elements of the Emergencies Act is that it is an override over the provinces. It takes powers that normally are only in the hands of the provinces, or even municipalities, and puts them in the federal level,” he said.
Trudeau promised to work closely with the provinces and territories if he takes that step — something the Emergencies Act already demands of Ottawa.
Asked Monday if he thought invoking the act is necessary, Ontario Premier Doug Ford said it’s a decision for Trudeau to make.
“Every single province is different, so we want to make sure that we still have the authority to make the decisions that we require for … the health and the economy in each province,” Ford told reporters ahead of the call with Trudeau and other first ministers.
Unprecedented powers
The Emergencies Act, a sweeping piece of legislation passed in 1988 as a replacement for the controversial War Measures Act, has never been used.
The act gives powers to the prime minister to respond to four different types of emergency scenarios: public welfare (natural disasters, disease), public order (civil unrest), international emergencies and war emergencies.
The act grants cabinet the ability to “take special temporary measures that may not be appropriate in normal times” to cope with an emergency and the resulting fallout during an “urgent a