The Emergencies Act
is an Act
of the Parliament of Canada
to authorize the taking of special temporary measures to ensure safety
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.