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The war measures act was repealed in 1988


Indeed, it was replaced with the Emergenices Act as I mentioned.

In fact Justin Trudeau considered invoking it for the first time since the replacement in the COVID situation.

[edit] Between that and the Notwithstanding Clause [1] there's a lot of latitude here.

[1] https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Cha...


The emergencies act doesn't allow for using military in the event of a public welfare emergency, as you seem to implying. It doesn't even allow for the federal government to order the police around

> 9 (1) Nothing in a declaration of a public welfare emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction.

https://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-1.html#h...

[Provinces can request military help, but that's unrelated to either the emergencies act or the now repealed war measures act]


Just want to mention that notwithstanding clause doesn’t apply to mobility rights for what it’s worth. Section 1 of the charter also allows a lot of latitude.



The court used the section 1 of the charter in that case, not the notwithstanding clause. Also CCLA is appealing that case if I remember reading right.


I meant in response to your second part about sect. 1 applying.


Ah makes sense. My bad.


Wait, are those two Treudeaus relatives?


Justin is Pierre's son.


Yes.




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