In preparedness literature, both in print and on numberless blogs, there are dire warnings of the evils of government. Governments will seize your weapons, seize your goods, herd you into camps, and a dozen other paranoid ramblings about how the government is out to get you.
Frankly, it’s all childish babble. There is no secret plan to get you, it’s just a government, an organization made up of people, who for the most part are no smarter than you, but by election or employment, have certain powers in an emergency to make decisions for and about you. The fact that they do have this power can make a hash of your plans and preparations, but knowing just what they can do makes you a little more able to do what you need to do in an emergency.
The current legislation in Canada that says what may or may not be done is the Emergencies Act. This was enacted in 1988 and replaces the old War Measures Act. There are various types of emergencies delineated under the act, and various powers are given to deal with each type of emergency.
The first of these is the public welfare emergency, which means: “an emergency that is caused by a real or imminent
(a) fire, flood, drought, storm, earthquake or other natural phenomenon,
(b) disease in human beings, animals or plants, or
(c) accident or pollution
and that results or may result in a danger to life or property, social disruption or a breakdown in the flow of essential goods, services or resources, so serious as to be a national emergency.
Pretty reasonable as far as it goes, but this means that during such a crisis, the government may:
make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:
(a) the regulation or prohibition of travel to, from or within any specified area, where necessary for the protection of the health or safety of individuals;
(b) the evacuation of persons and the removal of personal property from any specified area and the making of arrangements for the adequate care and protection of the persons and property;
(c) the requisition, use or disposition of property;
(d) the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;
(e) the regulation of the distribution and availability of essential goods, services and resources;(
f) the authorization and making of emergency payments;
(g) the establishment of emergency shelters and hospitals;
(h) the assessment of damage to any works or undertakings and the repair, replacement or restoration thereof;
(i) the assessment of damage to the environment and the elimination or alleviation of the damage; and
(j) the imposition
(i) on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
(ii) on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
for contravention of any order or regulation made under this section.
I’ve highlighted the most important bits. To put it in prepper terms, the government may; restrict your ability to bug out; may remove you from your retreat; requisition your property or otherwise use it; requisition you; and ration food water or other resources. This type of order has effect for 90 days unless otherwise shortened or extended.
The second type of emergency is a public order emergency, which to me is pretty vague, and I think not well defined by the act. It allows the government the following powers:
(a) the regulation or prohibition of
(i) any public assembly that may reasonably be expected to lead to a breach of the peace,
(ii) travel to, from or within any specified area, or
(iii) the use of specified property;
(b) the designation and securing of protected places;
(c) the assumption of the control, and the restoration and maintenance, of public utilities and services;
(d) the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered; and
(e) the imposition
(i) on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
(ii) on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
for contravention of any order or regulation made under this section.
Again, I’ve highlighted the important bits that I feel might have immediate effect for preppers. This has a 30 day duration unless otherwise mandated.
Next we have the international emergency which means: an emergency involving Canada and one or more other countries that arises from acts of intimidation or coercion or the real or imminent use of serious force or violence and that is so serious as to be a national emergency.
Sadly, in these ‘War on Terror’ days, these conditions might be easily met. It means that the government may engage in the following;
(a) the control or regulation of any specified industry or service, including the use of equipment, facilities and inventory;
(b) the appropriation, control, forfeiture, use and disposition of property or services;
(c) the authorization and conduct of inquiries in relation to defense contracts or defense supplies as defined in the Defence Production Act or to hoarding, overcharging, black marketing or fraudulent operations in respect of scarce commodities, including the conferment of powers under the Inquiries Act on any person authorized to conduct such an inquiry;
(d) the authorization of the entry and search of any dwelling-house, premises, conveyance or place, and the search of any person found therein, for any thing that may be evidence relevant to any matter that is the subject of an inquiry referred to in paragraph (c), and the seizure and detention of any such thing;
(e) the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;
(f) the designation and securing of protected places;
(g) the regulation or prohibition of travel outside Canada by Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and of admission into Canada of other persons;
(h) the removal from Canada of persons, other than
(i) Canadian citizens,
(ii) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and
(iii) protected persons within the meaning of subsection 95(2) of that Act who are not inadmissible under that Act on grounds of
(A) security, violating human or international rights or serious criminality, or
(B) criminality and who have not been convicted of any offence under any Act of Parliament for which a term of imprisonment of more than six months has been imposed, or five years or more may be imposed;
(i) the control or regulation of the international aspects of specified financial activities within Canada;
(j) the authorization of expenditures for dealing with an international emergency in excess of any limit set by an Act of Parliament and the setting of a limit on such expenditures;
(k) the authorization of any minister of the Crown to discharge specified responsibilities respecting the international emergency or to take specified actions of a political, diplomatic or economic nature for dealing with the emergency; and
(l) the imposition
(i) on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
(ii) on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
for contravention of any order or regulation made under this section.
Again, I’ve highlighted those parts most relevant to preppers. This has the duration of 60 days unless otherwise specified.
While there are provisions to prevent the abuse of these powers, these do you no good at the moment you are having your car or food requisitioned, or if you are forced to work to provide an essential service. After the fact compensation will not help you survive the here and now.
Be aware of what can and cannot be done may help you. It may not. But knowledge is power, and having the knowledge of what the government’s powers are just might shift some of that power back into your hands.
Originally posted May 17, 2011 @ MPN.
No comments:
Post a Comment