My inquiry question is “What are some concerns of law in different countries?”.
The Emergencies Act, a term that we often hear in recent news. It is a law introduced by the Canadian Parliament in 1988 that allows the government to adopt extraordinary temporary measures in response to public welfare, public order, international, and military emergencies. The new law repeals the 1914 War Measures Act.
The Cabinet of Canada may declare a national emergency under the Emergencies Act in response to an urgent and severe situation that cannot be addressed by existing law, is beyond the capabilities of a province to address, or threatens Canada’s sovereignty.
The federal government must confer with provincial cabinets before declaring a national emergency. The Emergencies Act cannot be invoked in the case of a public welfare or public order emergency where the effects of the emergency are restricted to, or occur primarily in, one province if the provincial cabinet does not declare that the situation is beyond the province’s competence to cope with it. The House of Commons and Senate must both approve the declaration of an emergency.
Since its passage in 1988, the Emergencies Act has only been used once, in reaction to the 2022 Canada convoy protest.
Although the act seems perfect, there is a big concern. The federal can immediately declare the act with the agreement of the province, and the province will be in emergency status before further notice or the deadline of 30 days. In other words, the emergency act with activate before having the approval from the House of Commons and Senate. As the result, before the House of Commons and Senate has a conclusion on the declaration of the act, the federal government will have extremely great power, especially in the case that the legal and constitutional authority to send forces abroad still rests with the prime minister and Cabinet, and the Parliament of Canada will be ignored. It might lead to the result of the constitutional distribution of legislative powers not working as they should be.
Although it is not likely to happen, but the emergency act can go very wrong into when the wrong person took over the federal government.