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Emergency Law in Canada: Commentary & Legislation

This pandemic-inspired legal reference explores the powers conferred by both federal and provincial emergency legislation in Canada – what they are, how legislatures have created them, how federal and provincial leaders have used and may use them, and how courts and other participants in our democratic system can hold governments accountable when they do.
by Eric S. Block (Author) , Adam Goldenberg (Author)
Publisher: LexisNexis Canada
Publication Language: English
Book
$120.00
Quantity

Softcover | 238 pages

In Stock
Published: February 12, 2021
ISBN/ISSN: 9780433509554
Publisher: LexisNexis Canada

Product description

Written by Eric S. Block and Adam Goldenberg, two of Canada’s top legal advisors on the intricacies of emergency law – with Forewords by the Hon. Jean Charest and Dean Adam Dodek – this new text provides perspectives on Canadian governments’ emergency powers – insights that are particularly valuable and timely during the COVID-19 pandemic.

In Emergency Law in Canada: Commentary & Legislation, the authors examine Canada’s emergency legislation – both the federal Emergencies Act and its provincial and territorial counterparts – as well as its historical context and legal framework. In reviewing the key features of the country’s emergency laws, this guide provides lawyers and stakeholders with the essential information they need to understand and advise on the implications of Canadian governments’ responses to crises, including pandemics.

With an easy-to-understand overview of complex concepts written in plain language, this text serves as a go-to, quick reference on emergency law for a broad range of readers.

Emergency Law in Canada: Commentary & Legislation includes the full text of the relevant federal law as well as the statutes from Ontario, British Columbia, Alberta and Quebec.

This new publication will be an essential reading for:

  • Constitutional law practitioners who represent clients in actions that require an understanding of emergency law
  • Government counsel who must advise federal and provincial governments on issues related to government authorities and powers
  • Law schools who want to provide access to a legal reference on this very niche topic
  • Municipal law practitioners who advise municipal governments on jurisdictional and division of power issues that arise from the application of federal, provincial, and territorial emergency legislation
 

Featured Authors

Eric S. Block
Adam Goldenberg

Eric S. Block

Eric S. Block, B.A., M.A., B.A., M.A., LL.M., is a partner in McCarthy Tétrault LLP’s litigation department where he focuses on complex commercial litigation, agricultural litigation, product liability litigation, employment litigation, securities litigation, defamation and class actions. Before joining McCarthy Tétrault, he spent four years as an associate at Paul, Weiss, Rifkind, Wharton and Garrison in New York. Eric has also worked as an editorial writer for the Wall Street Journal Europe and a speechwriter for U.S. Ambassador Morris B. Abram. He graduated from McGill University with a B.A. and then held the year-long Guy Drummond Fellowship consecutively at Institut D’Etudes Politiques de Paris and McGill. Eric received his M.A. from McGill before going on to earn his B.A., M.A. (Jurisprudence) from Oxford University and his LL.M. from the University of Chicago Law School. Born and raised in Nova Scotia, he lives in Toronto with his wife and three children.

View all books by Eric S. Block (1)

Adam Goldenberg

Adam Goldenberg, M.S.M., B.A., J.D., is an associate in McCarthy Tétrault LLP’s litigation department where he maintains a diverse commercial and public law litigation practice, with a focus on appeals. He has been lead or co-counsel at all levels of court, including in the courts of Ontario, British Columbia and Alberta, in the Federal Court of Appeal and in more than a dozen appeals to the Supreme Court of Canada. Adam was a law clerk to the Chief Justice of Canada, the Right Honourable Beverley McLachlin, and before that, to the judges of the Court of Appeal for Ontario. He received his law degree from Yale University and holds an undergraduate degree with high honours from Harvard University. Born and raised in Vancouver, Adam lives in Toronto with his husband, Alex.

View all books by Adam Goldenberg (1)

Table of contents

Table of Contents
 
 Commentary
 
 Part I: The Emergencies Act
 1. Emergency powers in Canada in historical context
 i. Pre-Confederation
 2. The scheme of the Emergencies Act 
 i. The legacy of the October Crisis
 ii. Four types of national emergencies
 iii. Declaring a “national emergency”
 3. Accountability in the Emergencies Act 
 i. Parliamentary accountability
 ii. Judicial accountability
 4. The end of a “national emergency”
 5. Compensation
 
 Part II: Provincial and territorial emergency legislation
 1. Common provisions
 i. Mechanisms for emergency planning
 ii. Exercise of emergency powers
 iii. Conditions for the extension/termination of an emergency
 iv. Declaration of sub-provincial emergencies
 v. Offences
 vi. Protection from liability
 2. Unique provisions
 i. Compensation for takings
 ii. Agreements with other jurisdictions
 iii. Legislative oversight
 
 Part III: Conclusion
 
 Legislation
 
 Emergencies Act, R.S.C. 1985, c. 22 (4th Supp.) 
 Emergency Management Act, R.S.A. 2000, c. E-6.8 
 Emergency Program Act, R.S.B.C. 1996, c. 111 
 Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9
 Civil Protection Act, CQLR, c. S-2.3
 

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