Emergencies Act Research Paper

The entrenchment of rights in the Canadian Constitution comes after long experience with a system of parliamentary supremacy. The American judicial tradition of treating the written constitution as fundamental law cannot have an instant Canadian counterpart. Thus, it does not follow that the Canadian courts will necessarily claim a role comparable to that of courts in the United States, nor is it clear that the representative bodies in Canada would tolerate such a judicial assertion of power. Opposition by government bodies to the Charter have already occurred in Canada, where the Parti Quebecois government of Quebec invoked the “notwithstanding the Canadian Charter of Rights and Freedoms” clause for the purpose of protecting their language laws from attack under the charter. This report will attempt to note some of the common and distinctive features of the text of the two constitutions as well as to how they differ.

According to http://www.ready.gov/business/implementation/emergency explains the steps that need to be taken and the importance of an emergency plan. “When an emergency occurs, the first priority is always life safety. The second priority is the stabilization of

The Canadian Charter of Rights and Freedoms is an important milestone in Canadian history. An effort through rigorous debate and compromise gave birth to this document that defines our collective values and principles by guaranteeing and protecting the fundamental rights of its citizens. Prior to the Charter, there was no gurantee in Canada that rights and freedoms would not be taken away by legislation. The Charter also allows courts to render the constitutional duty so that any decisions made are consistent with those rights and freedoms. The Charter was established firmly in “The Constitution Act, 1982”, with the declaration of this act Canada escaped from the severe practice of concept of parliamentary supremacy. The Charter has an enormous effect on court’s decision power to award justice to important and debatable issues about policies that affect public. In awarding the verdict courts are not even reluctant to rewrite laws that violate the testament of the Charter. The judges have a duty to regulate the rulings of both provincial and federal governments which, disagree with the root value of Charter.

The Charter of Rights and Freedoms upholds the individual rights of all Canadians. Agree or disagree with the following statement.

Firstly, you should give examples of emergency incidents as described in the Civil Contingencies Act 2004.

government has taken advantageof it. It says "The Canadian Dominion government is very oppresive.", "The

Apart from the other laws in Canada’s constitution, the Canadian Charter of Rights and Freedoms is an important law that affects every Canadian’s rights and freedoms. It was created in 1981 by former Prime Minister Pierre Trudeau to provide legal protection for the most important rights and freedoms. These rights include fundamental freedoms, democratic rights, mobility rights, and legal rights. Most but not all articles included in the Universal Declaration of Human Rights are protected in the constitution. However, if a Canadian feels that their rights are violated, they can challenge laws and unfair actions using the justice system. In my opinion, I believe the Canadian Charter of Human Rights somewhat protects Canadians’ rights and

Explain the importance of having an emergency plan in place to deal with unforeseen incidents

The necessity to limit the rights and freedoms of Canadians is illustrated and reinforced through the governments use of reasonable limits, ‘notwithstanding clause’ to limit individual rights and freedoms, and the occasional need for the government to have power extended above and beyond the limits prescribed in the Charter.

In October 1970, Canada faced a pressing terrorist attack in Montreal, Quebec by a group known as the Front de Liberation du Quebec, or the FLQ for short. The group committed multiple attacks starting in 1963 that slowly escalated until the October Crisis, where they kidnapped two government officials and proceeded to murder one of them. The Canadian government responded harshly and rapidly. The prime minister of Canada, Pierre Trudeau, issued the War Measures Act which along with various things allowed the police and military full reign to arrest people and hold them with no explanation. The Canadian population was highly supportive of the government’s action believing that this extreme state repression would bring a finish to the October

In the midst of the October Crisis Pierre Trudeau handled the time of terrorism well. In this essay one will see how Trudeau handled the crisis excellently by examining the first domestic use of the War Measures Act which led to improvements on the Act, ensuring that Quebec did not become its own independent country, and how Canada stood behind and supported Quebec and Pierre Trudeau through the acts of violence led by the FLQ.

The National Emergency Act is the first actually written law that outlined the power that the executive branch (President of the United States) had when an emergency requiring the federal government’s intervention has happened. This is the first statute. Since its creation, the National Emergency Act has outlined the process in which the president must take to actually declare an emergency. During the 1970’s is when the legislative branch decided to look into making procedures such as this one uniform. In 1973, a committee put together by congress started to look into national emergencies and emergency powers of the executive branch. They had found that there were approximately 470 laws that somehow delegated the powers of government during times of national emergency. This is why the National Emergency Act,

The Canada Healthcare act [R.S. 1985, c. C-6] passed in 1984. It ensures that all residents of Canada have an equal access to necessary physician services, no extra billing from physicians and hospital. The act is on five main principles, Public administration necessary services are to offer on a non-profit basis. Next, accessibility coverage with no extra charges and comprehensiveness coverage for all medically necessary services at all times. Portability coverage is to extend to all residents in all provinces and territories. The fifth principle is universality coverage for all eligible residents of all provinces and territories (SEDAP, 2007).

Under the Charter of Rights and Freedoms, everyone is guaranteed certain rights. One that stands out and is essential to our society is the fundamental freedom of expression. Anyone can speak their opinion in public. However, the government can in some instances limit these freedoms. The question that causes a lot of debate is in what instances can the government genuinely limit people’s rights while being justified in doing so. I believe the restrictions on speech in Canada are appropriate. I believe that the government was correct in not intervening with the debate between Mark Steyn and the Muslim petitioners because his article did not warrant enough to risk the safety of Muslims, and by coercing Maclean’s to post an opposing viewpoint would be a violation of their fundamental freedom of expression.

Emergency Changes: emergency changes are those that are implemented in a time sensitive manner. These changes prevent potential failure , lack or loss of functionality or lack or loss of revenue.