The Canadian Constitution Foundation filed a notice of application for judicial review in Ontario’s Divisional Court on April 4, 2024, seeking an order quashing the unlawful declaration of a State of Emergency issued by Niagara Region ahead of Monday’s solar eclipse. The CCF brought this application as a public interest litigant along with Julian Renaud, a lawyer representing the CCF and who lives in Niagara Region.

On March 28, Niagara Regional Chair Jim Bradley said the region was entering a State of Emergency under the Emergency Management and Civil Protection Act. This allows the local municipality to make new laws through decree. Bradley said the declaration was made “out of an abundance of caution.” Niagara Falls was in the solar eclipse’s path of totality, and is therefore expecting a record-breaking number of visitors who may cause traffic jams and other minor inconveniences.

That said, this situation simply did not meet the statutory definition of “emergency” under that Act.

Though a less serious abuse, like our Emergencies Act challenge this is an example of government using extraordinary legal powers simply because it is convenient rather than because it is actually needed. The definition of “emergency” in law must remain narrow because states of emergency are often used to limit property rights and infringe on civil liberties such as freedom of assembly and freedom of association.

Niagara Region’s State of Emergency over a solar eclipse (Renaud & CCF v. Niagara)


CCF Launch: April 4, 2024
Jurisdiction: Ontario
Status: Ongoing
Next Key Date: TBD

Donate
Related Press Releases: