Here’s the deal…from a law firm

Snip 1…Parliamentary review

Procedurally, the Cabinet must present its proclamation of an emergency to Parliament within seven sitting days (s. 58(1)). If Parliament stands adjourned – as the House of Commons and the Senate presently do – then both Houses must be summoned back into session within seven days (s. 58(2)). The House of Commons and the Senate must each debate and then vote to confirm the proclamation. If either the House of Commons or the Senate does not ratify the proclamation, then it is revoked effective that day (ss. 58(5)-(7)).

Not only is the Cabinet’s proclamation subject to prompt parliamentary review, but so is each order or regulation that the Cabinet makes in the exercise of its extraordinary powers under the Act. If the Cabinet makes such an order or regulation, then it must be laid before the House of Commons and the Senate within two sitting days after it is made (s. 61(1)). Any ten Senators or twenty Members of Parliament may then bring a motion to revoke or amend the order or regulation (s. 61(3)). If the motion is passed by both Houses, the order or regulation is revoked or amended accordingly (s. 61(8)).

Snip 2…Judicial review

Even after the proclamation and any orders or regulations have survived parliamentary scrutiny, they may be challenged in court. Broadly speaking, there would be two potential bases for judicial review of a proclamation, order, or regulation made under the Emergencies Act: (1) inconsistency with the Act, on administrative law grounds; and (2) inconsistency with the Constitution.

Snip 3…Constitutional review

When the government of Prime Minister Pierre Elliott Trudeau invoked its powers under the War Measures Act in 1970, the Charter of Rights and Freedoms had yet to be part of the Constitution of Canada. It is now. The Emergencies Act recognizes as much; its preamble acknowledges the Cabinet’s actions under the Act are subject to the Charter and other domestic and international human rights instruments.

It follows that an order or regulation made under the Act in response to a “public welfare emergency” could be challenged as inconsistent with the Charter

Read it all here…Thanks Brian A

We will need some Political Will and or Judicial Will to have this abomination overturned…as it obviously should be…shall see