Emergencies Act
| Emergencies Act | |
|---|---|
| Parliament of Canada | |
| Date of Royal Assent | July 21, 1988 |
| Repealing legislation | |
| War Measures Act | |
| Summary | |
| Authorizes the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof | |
The Emergencies Act is an Act of the Parliament of Canada to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof.
It received royal assent on July 21, 1988, replacing the War Measures Act.
The Emergencies Act differs from the War Measures Act in two important ways:
- A declaration of an emergency by the Cabinet must be reviewed by Parliament
- Any temporary laws made under the Act are subject to the Charter of Rights and Freedoms.
Thus any attempt by the government to suspend the civil rights of Canadians, even in an emergency, will be subject to the "reasonable and justified" test under section 1 of the Charter.[1]
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