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House Hansard - 36

44th Parl. 1st Sess.
February 21, 2022 07:00AM
Context: House Hansard - 36 - Feb/21/22
Hon. Michael Chong (Wellington—Halton Hills, CPC)
  • Feb/21/22 6:44:16 p.m.
  • Watch
Mr. Speaker, three days ago, the Canadian Civil Liberties Association filed an application for judicial review in Federal Court to quash the emergency proclamation, the emergency measures regulations and the emergency economic measures order. If the court quashes these three emergency measures, does the member believe that the government will accept the court's remedy or will the government appeal the court's ruling?
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Context: House Hansard - 36 - Feb/21/22
Hon. Michael Chong (Wellington—Halton Hills, CPC)
  • Feb/21/22 7:23:14 p.m.
  • Watch
Mr. Speaker, a century ago, Viscount Haldane created the emergency doctrine of the peace, order and good government clause of the Constitution. At the time, he indicated that in peacetime, when that clause was used to create legislation, the onus was on the government to justify the use of that extraordinary power. Justice Laskin, in the Anti-Inflation Act reference case, seemed to suggest the same. Does my hon. colleague feel that this jurisprudence applies to the CCLA court case that is currently working its way in front of the court? The Canadian Civil Liberties Association—
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