AN END TO EMERGENCY POWERS |
The defence of every individual's freedom to make
decisions for his or her self requires that we have laws
that defend that freedom to choose. Laws, not edicts,
declarations, or orders. In a democracy (demos:
people, kratos: power), the source of a government's
power is the people it serves. All of the legal powers
a government has are delegated to it by the people it
governs. In a democracy, a government has no legitimate
authority to do that which, if done by one of the
governed, would constitute a crime or other violation
of an individual's life, liberty, or property.
The recent history of the leadership of Premier
Doug Ford, particularly during the handling of the
COVID-19 pandemic, has demonstrated why the government's
emergency powers - powers to make and
enforce rules and commandments on the fly, without
first debating and passing laws in the Ontario Legislature
- must be eliminated.
The Ford government's decision to enforce lockdowns,
close businesses deemed "non-essential", and
restrict gatherings was a clear demonstration of how
emergency powers can be used to curtail personal liberties
and economic freedoms. These measures were
implemented with the stroke of a pen, without regard
to the constitutional limits placed upon our governments
by Canada's constitution, including the Charter
of Rights and Freedoms; without the approval of the
Legislature; without the making of laws:
- The government expanded police powers to
enforce "public health" edicts, including the
power to demand personal information from
citizens.
- The mandate for mask-wearing in public and
the implementation of vaccine passports (or,
more generally, "digital IDs") infringed upon
individual freedom and privacy. These orders
were enforced as emergency measures, bypassing
traditional legislative debate and public
consent; bypassing, in short, democracy.
- The closure of schools, shifting to online
learning, and the enforcement of mask policies
in educational settings disrupted our childrens'
learning and social interaction.
Ford Now Equating U.S. Tariffs with Pandemics
Premier Ford's recent comparison of former President
Trump's threatened 25% tariff to a "pandemic"
is alarming. His rhetoric suggests a willingness to
misuse the term ‘emergency' for political gain, further
eroding trust in the government's ability to use emergency
powers without violating individual freedom.
If U.S. tariffs can be framed as emergencies - as opportunities
to dispense with democratic law-making
and arrogate to the Premier the power to rule - then
what prevents future governments from using similar
justifications for any policy they deem urgent?
The Rule of Law in Difficult Times
Demcracy and the rule of law is most crucial during
crises because times of crisis are times when popular
pressure is most likely to lead a government to take
actions that violate the lives, liberty, or property of
individuals. Without emergency powers, governments
in a time of crisis must work within existing
legal frameworks, ensuring that any response to an
emergency is measured, debated, and legally sound,
thus protecting individuals from arbitrary or excessive
government action.
By eliminating the government's ability to sideline
the legislature, we reinforce public trust in our public
institutions.
Freedom Party's Pro-democratic Plan
A Freedom government will repeal all legislative
provisions that permit the provincial government, or a
regional or muncipal government, to exercise emergency
powers. It will introduce reforms that ensure
all government actions are subject to the full scrutiny
of the legislative process, including public input,
to defend individual in Ontario against the abuse of
governmental power. It will restore and safeguard the
freedom and democracy upon which our society is
founded.
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