Canada Emergencies Act: Tyranny; No Property Rights; Indemnification; Publication Exemption; Parliamentary Secrecy

https://laws-lois.justice.gc.ca/eng/acts/E-4.5/FullText.html

In case readers here think that the Emergencies Act was a Liberal creation, the answer is no. It came into effect in 1988, under “Conservative” Prime Minster, Brian Mulroney. It looks like the current head, Erin O’Toole, is on board with imposing these types of measures. So much for valuing individual rights.

The actual freedoms that can be stripped away are very similar to the 2005 Quarantine Act, enacted by Liberal Paul Martin. Now, what does this act actually say?

30 (1) While a declaration of an international emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:
.
(a) the control or regulation of any specified industry or service, including the use of equipment, facilities and inventory;
.
(b) the appropriation, control, forfeiture, use and disposition of property or services;
.
(c) the authorization and conduct of inquiries in relation to defence contracts or defence supplies as defined in the Defence Production Act or to hoarding, overcharging, black marketing or fraudulent operations in respect of scarce commodities, including the conferment of powers under the Inquiries Act on any person authorized to conduct such an inquiry;
.
(d) the authorization of the entry and search of any dwelling-house, premises, conveyance or place, and the search of any person found therein, for any thing that may be evidence relevant to any matter that is the subject of an inquiry referred to in paragraph (c), and the seizure and detention of any such thing;
.
(e) the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;
.
(f) the designation and securing of protected places;
.
(g) the regulation or prohibition of travel outside Canada by Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and of admission into Canada of other persons;

Being allowed to seize or heavily control the means of production basically amounts to socialism. Property rights would end as they can either be entered, or outright seized, without genuine grounds (like getting a warrant). Mobility rights would become non-existent as travel and movement can be stopped almost entirely.

Part (e) comes across as a form of compelled labour. But don’t worry, there will be compensation afterwards.

While this act does mention several different types of emergencies, they are very similar in what freedoms get suspended.

Liability
Marginal note: Protection from personal liability
.
47 (1) No action or other proceeding for damages lies or shall be instituted against a Minister, servant or agent of the Crown, including any person providing services pursuant to an order or regulation made under subsection 8(1), 19(1), 30(1) or 40(1), for or in respect of any thing done or omitted to be done, or purported to be done or omitted to be done, in good faith under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.
.
Marginal note: Crown not relieved of liability
(2) Subsection (1) does not relieve the Crown of liability for the acts or omissions described therein and the Crown is liable under the Crown Liability Act or any other law as if that subsection had not been enacted.
.
Compensation
Marginal note: Compensation
48 (1) Subject to subsection (2) and the regulations made under section 49, the Minister shall award reasonable compensation to any person who suffers loss, injury or damage as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.
.
Marginal note: Release
(2) No compensation shall be paid to a person unless that person, in consideration of the compensation, signs, in a form provided by the Minister, a release of any right of action that the person may have against the Crown as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.
.
Marginal note: Subrogation
(3) The Crown is subrogated to all rights of any person to whom compensation is paid to recover damages in respect of the loss, injury or damage for which the compensation is paid and may maintain an action in the name of that person or in the name of the Crown against any person against whom the action lies.

No politician or official shall be held personally liable for anything they have done, as long as they acted, or “claim” to have acted in good faith.

Furthermore, if you want any compensation whatsoever, you will be required to sign a waiver of responsibility for every person who make be responsible.

Orders and Regulations
Marginal note: Tabling in Parliament
.
61 (1) Subject to subsection (2), every order or regulation made by the Governor in Council pursuant to this Act shall be laid before each House of Parliament within two sitting days after it is made.
.
Marginal note: Reference to Committee
(2) Where an order or regulation made pursuant to this Act is exempted from publication in the Canada Gazette by regulations made under the Statutory Instruments Act, the order or regulation, in lieu of being laid before each House of Parliament as required by subsection (1), shall be referred to the Parliamentary Review Committee within two days after it is made or, if the Committee is not then designated or established, within the first two days after it is designated or established.

Typically, orders would have be published, such as in the Canada Gazette. This ensures some transparency, whether or not people agree with the content. However, the Emergencies Act provides an exemption from publication. This is the sort of thing that really demands open discussion.

Parliamentary Review Committee
Marginal note: Review by Parliamentary Review Committee
.
62 (1) The exercise of powers and the performance of duties and functions pursuant to a declaration of emergency shall be reviewed by a committee of both Houses of Parliament designated or established for that purpose.
.
Marginal note: Membership
(2) The Parliamentary Review Committee shall include at least one member of the House of Commons from each party that has a recognized membership of twelve or more persons in that House and at least one senator from each party in the Senate that is represented on the committee by a member of the House of Commons.
.
Marginal note: Oath of secrecy
(3) Every member of the Parliamentary Review Committee and every person employed in the work of the Committee shall take the oath of secrecy set out in the schedule.
.
Marginal note: Meetings in private
(4) Every meeting of the Parliamentary Review Committee held to consider an order or regulation referred to it pursuant to subsection 61(2) shall be held in private.
.
Marginal note: Revocation or amendment of order or regulation
(5) If, within thirty days after an order or regulation is referred to the Parliamentary Review Committee pursuant to subsection 61(2), the Committee adopts a motion to the effect that the order or regulation be revoked or amended, the order or regulation is revoked or amended in accordance with the motion, effective on the day specified in the motion, which day may not be earlier than the day on which the motion is adopted.

https://laws-lois.justice.gc.ca/eng/acts/E-4.5/FullText.html

How can there be any accountability, if all of the politicians are sworn to secrecy? Sure, they aren’t really accountable to begin with, but now they have an excuse not to answer.

Now, a report does have to be filed within 1 year of the “emergency” being deemed over. However, that’s cold comfort for those whose livelihoods have been destroyed.

4 Replies to “Canada Emergencies Act: Tyranny; No Property Rights; Indemnification; Publication Exemption; Parliamentary Secrecy”

  1. The Quarantine Act applies to travellers, which is defined in the Act as follows:

    “traveller means a person, including the operator of a conveyance, who arrives in Canada or is in the process of departing from Canada.”

    Therefore, the Quarantine Act does not apply to the majority of the inhabitants of Canada.

    In regards to the Emergencies Act, the preamble clearly states:

    “AND WHEREAS the Governor in Council, in taking such special temporary measures, would be SUBJECT TO the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are NOT TO BE LIMITED OR ABRIDGED EVEN IN A NATIONAL EMERGENCY”

    In section 3 of the Act, a “National Emergency” is defined as follows:

    “3 For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that
    (a) seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or
    (b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada and that cannot be effectively dealt with under any other law of Canada.”

    As you can see, a National Emergency is “temporary”, not permanent, so there can be no “new normal” under the Act. Everything must return to normal.

    Section 5 of the Act states that a “public welfare emergency means an emergency that is caused by a REAL or imminent
    (a) fire, flood, drought, storm, earthquake or other natural phenomenon,
    (b) disease in human beings, animals or plants, or
    (c) accident or pollution and that results or may result in a danger to life or property, social disruption or a breakdown in the flow of essential goods, services or resources, so serious as to be a national emergency.”

    Section 6(1) says that, “When the Governor in Council believes, ON REASONABLE GROUNDS, that a public welfare emergency exists and necessitates the taking of special temporary measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 14, may, by proclamation, so declare.”

    Subrule (2) goes on to say that, “(2) A declaration of a public welfare emergency expires at the end of ninety days unless the declaration is previously revoked or continued in accordance with this Act.”

    Section 8(1) states that, “While a declaration of a public welfare emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, ON REASONABLE GROUNDS, are necessary for dealing with the emergency:”

    And then it goes on to list all of the powers granted in a REAL emergency. Note that the emergency must be “real” and not fabricated by media propaganda like covid-19.

    Section 10 says that “Parliament may revoke a declaration of a public welfare emergency in accordance with section 58 or 59.”

    And section 11 says that “The Governor in Council may, by proclamation, revoke a declaration of a public welfare emergency either generally or with respect to any area of Canada effective on such day as is specified in the proclamation.”

    If people would learn the facts about covid-19, and learn how to use the legal system to their advantage, this whole corona virus conspiracy could be stopped in its tracks immediately.

    But the officers and employees of the government don’t attack people who they know will fight back the proper way.

    Where I live, we are known for fighting back. So government has left our little town alone, for now. Almost everything is old normal here, not the “new normal” communist dictatorship.

    Most things have continued as they are, but then I see all of these crazy videos of people being attacked and issued fines and I never hear anything about them turning around and arresting the officers who are involved in the related covid “terrorist activity”, or exposing the fraud in court and blowing the whole conspiracy out of the water, which is what they should be doing.

    And I think that the reason this isn’t happening is because they don’t know the law and they don’t know how to use the court system for what it was intended for, and that lack of knowledge is intentional because government funded public education does NOT include a legal education because the government cannot enslave a population that knows the law and how to use it’s court system.

    Section 12(2) goes on to say that, “Before issuing a proclamation continuing a declaration of a public welfare emergency, the Governor in Council SHALL review all current orders and regulations made under section 8 to determine if the Governor in Council believes, ON REASONABLE GROUNDS, that they continue to be necessary for dealing with the emergency AND SHALL REVOKE OR AMEND THEM TO THE EXTENT THAT THEY DO NOT SO CONTINUE.”

    12(4) says that, “A proclamation continuing a declaration of a public welfare emergency is effective on the day on which it is issued, but a motion for confirmation of the proclamation shall be laid before each House of Parliament and be considered in accordance with section 60.”

    Section 14(1) states that, “Subject to subsection (2), BEFORE the Governor in Council issues, continues or amends a declaration of a public welfare emergency, the lieutenant governor in council of each province in which the direct effects of the emergency occur shall be consulted with respect to the proposed action.”

    Section 15(1) says, “Where, pursuant to this Act, a declaration of a public welfare emergency expires either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, expire on the day on which the declaration expires.”

    Anyway, it goes on for thirty-five more pages, and basically repeats itself for each different kind of emergency, but rather than bore everybody with endless citations, I’ll just get to the point, which is that any and all emergency powers must be carried out ONLY when there are “REASONABLE GROUNDS” and when it’s a “REAL” emergency.

    But CLEARLY, there are NO REASONABLE GROUNDS for a declaration of an emergency and it’s NOT a REAL emergency.

    And anybody who’s been doing their research on the corona virus knows this, because it has a lower mortality rate than the seasonal flu, and we don’t shut down the world economy or suspend the constitution over the flu.

    There’s plenty of evidence and witnesses available to defend against fines that are being issued under the Act, and it wouldn’t hurt to go on the offence and take action against the Crown when any public officer or government employee illegally enforces the powers that have been falsely granted in relation to Covid-19.

    Section 2(1) clearly states that “This Act is binding on Her Majesty in right of Canada or a province.”

    What that means is that the queen and her government (i.e., The Crown) can be held liable for violating the Act.

    On a side note, HER MAJESTY’S GOVERNMENT is also a Company. Here’s the link:
    https://www.sec.gov/cgi-bin/browse-edgar?company=Her+Majesty%27s+Government&match=&filenum=&State=&Country=&SIC=&myowner=exclude&action=getcompany

    Section 47(1) of the Emergencies Act grants protection from liability to the Ministers, servants and agents of the Crown, but only under “good faith”. If they act in bad faith then there’s no protection from liability.

    In addition, section 47(2) states that, “Subsection (1) DOES NOT RELIEVE THE CROWN OF LIABILITY for the acts or omissions described therein AND THE CROWN IS LIABLE under the Crown Liability Act or any other law as if that subsection had not been enacted.”

    Section 48(1) goes on to say that, “Subject to subsection (2) and the regulations made under section 49, the Minister shall award reasonable compensation to any person who suffers loss, injury or damage as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.”

    Then subrules (2) and (3) of section 48 goes on to say that a person can sign away their rights of action in exchange for compensation to allow the Minister to prosecute the action.

    The purpose of subrules (2) and (3) is for the Minister to take action against the servant or agent who cost the government money.

    Section 56 says that, “Compensation and costs awarded against the Crown under this Part shall be paid out of the Consolidated Revenue Fund.”

    So guess who’s really paying for the damages?

    The taxpayers! Of course. The government doesn’t have any money. They have to steal it from you first!

    There’s lots of other juicy tidbits in the Act for those of you who like learning about how to use your God-given power over your enemy.

    So here’s where the importance of learning how to use your court system comes into play. If you know how to use it, then you can fight back with the power of the court.

    YHWH (a.k.a. God) wasn’t joking when He said that He gave us power over the enemy (Luke 10:19).

    It’s literally just sitting there waiting for people to use it.

    But everybody wants to point their fingers and take no legal action, or fight with violence and go to war against the corrupt criminals in the government without even trying to learn the law and how to tap into the power of the court system, which is only necessary when the courts won’t do their job. The law of arms does not come into play until the courts stop providing a remedy.

    And most people have enslaved themselves through contracts that they’ve wilfully entered into or failed to rescind, so it’s their own fault for being wilfully ignorant.

    Unless people learn how to use the court system, and learn the laws, and start using them both to protect their freedoms, or at least try to, then there’s no legally justifiable excuse for armed violence.

    If the court won’t provide a remedy then the law of arms comes into effect, and that’s when armed violence can legally be used by individuals to defend their rights.

    But first people must actively engage in solving this very serious problem civilly through the courts before legally engaging in armed violence against government. And they need to do it properly.

    There are rules of court, and there are legal formulas that one must use in order to be successful in court.

    By the way, I’m not saying that that’s the only time individuals have a right to engage in armed violence against officers and employees of the government. I’m just speaking in relation to the Covid-19 matter.

    An unlawful arrest can be legally resisted to the point of taking the offending officers life. And there’s plenty of case law to back that up.

    But here’s the thing. If people won’t learn the laws that govern their lives, then they’re gonna lose their freedom and liberty, and they’re going to be enslaved.

    That’s clearly the intention of the corrupt criminals running government, and it’s the reason why they’ve suddenly (and deceptively) banned 1,500 styles of guns. To stop you from fighting back!

    There is an obvious and tyrannical takeover happening, and people are waking up to it, so they’re trying to disarm everybody beforehand so the people will be unable to stop it.

    I am urging people to take the time to learn the law and how to use the court system, and to USE IT TO YOUR ADVANTAGE.

    Section 52(1) of the Constitution Act, 1982 (Charter of Rights and Freedoms) clearly states that:

    “The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.”

    Keep the commandments and we will all prosper. Disobey them and there are serious consequences.

    That’s how it works.

  2. the 1982 Constitution is illegal, the illegal transfer of power, and a new style of government is also illegal. The multiculturalism act is also illegal. The Queen is a royal fraud, the moment she swore the oath invalidating that status, the entire so called royal family is also bogus, you don’t need to. believe me, you can ask, kingjohnthethird.uk, He can explain it really well.

    If you read a little more about what is and is not covered in the emergencies act, you will not find massive debt, compound interest, debt created treasury bond money, or anything pertaining to the infidel accounting system currently in use.

    You will not find anything about the character deficit and the problematic situation with the “not real Canadians” running government, or companies, entities and associations or agendas acting as proxy government. You will not find anything about electoral and voting fraud, or anything to rectify “enemies foreign and domestic”, “enemy combatants”,”acts of aggression”, “wars of aggression”, or “real national security threats”, or anything about big tech censorship, mass media ownership, voting, control, editing and censoring by foreigners, or proxy government, nor will you find anything related to drug genocide, vaccine genocide, microwave technology genocide, industrial genocide, the war on whitey as in the founding people of Canada, or the demographic war, the info war, the bio-weapons from China, the toxic stuff in the air, ground, water and food, gmo,

    the reality is now that by testing, people can be vaccinated and contaminated.

    Being vaccinated is no a walking talking bio-weapon, as these people are not infected with all kinds of toxic poison, cancer, stds, gene modification and infertility and all kinds of things that are total bio-hazards to the body, mind and soul, the faculties.

    the court system? What happens when it is infiltrated by homo-fascists? pedofiles ? traitors? enemy combatants and the like? liberal-fascists? devil worshippers, child sacrifice people, Eh? You think and believe you have the answer, oh yes, the system is not legit, there is no remedy, Let “we’re all in this together” represent the genocide maniac traitors, control freaks, homicide maniac, serial killers, terrorists, sociopaths, psychopaths, people with zero conscience….goblins?

    “I set before you life and death, blessing and cursing, therefore choose life, so you and your descendants may live, for why should you die?”

    Now, tell us how it works, eh?

    1. A new travesty is unfolding in Ontario. I fear it is the counterpart of the useless Rouleau Commission which focused on honking as grounds to invoke the EA. This one seems to focus on harms caused by the “pandemic response”, i.e., the “appropriateness” of the “pandemic measures”. Those harmed will now have equal time with Rouleau’s anti-honkers.

      This new commission is underway apparently without first determining whether it was “appropriate” of the WHO to declare a pandemic, i.e. without first questioning whether there really was a pandemic. I fear they won’t even ask what’s in the injections, but will accept them without question as “experimental” and as “medical” “treatments”.

      So, this one is called the National Citizens’ Inquiry, “A Citizen-Led Inquiry Into Canada’s COVID-19 Response” whose purpose is to conduct “a comprehensive, transparent, and objective national inquiry into the appropriateness and efficacy of these interventions, and to determine what lessons can be learned for the future.” And “What went right? What went wrong? How can Canadians and our governments better react to national crises in the future in a manner that balances the interests of all members of our society?”

      Yes, the “crisis” has merely been assumed to have existed. Therefore the “response” to the imaginary “crisis” is going to be evaluated by this new Citizens’ commission.

      I would have hoped for a National Citizens’ Inquiry into the invocation of the Emergencies Act to counter Rouleau. Or, I would have hoped for a National Citizens’ Inquiry into the EXISTENCE of the virus, and of pandemic conditions eliciting “pandemic measures”. Because if there is no virus (and this can be either because of (1) a psyop or (2) because viruses don’t exist), there is no pandemic, and therefore there can be no valid “pandemic measures” whose “appropriateness” can be evaluated to derive “lessons” “for the future”.

      The web site: https://nationalcitizensinquiry.ca/
      The Rumble channel: https://rumble.com/user/NationalCitizensInquiryCA

  3. P.S. Just found this video. Preston Manning is claiming credit for putting this National Citizens’ Inquiry together. https://www.youtube.com/watch?v=3sbUimuz9gk Yes, another politician! Personally, I smell a hidden network of vested interests at work. Remains to dig up the real organizers. And one of their participants is Jordan Peterson, the intellectual genius who urged the public to “take the damn shot”. https://rumble.com/v2dqkye-dr.-jordan-peterson-reads-statement-for-national-citizens-inquiry-truro-hea.html

Leave a Reply

Your email address will not be published. Required fields are marked *

Discover more from Canuck Law

Subscribe now to keep reading and get access to the full archive.

Continue reading