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ARTICLE · 22 APRIL 2020

COVID-19: Can They Do That? Part IX: Enforcement Of Emergency Measures

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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In this update, we canvass some of the specific enforcement powers available to the provinces in relation to their public health and emergency orders.

CanadaCoronavirus (COVID-19)

This update is part of a continuing series. We are providing a brief overview of the current state of federal and provincial emergency legislation, how our governments are using (and could eventually use) their statutory powers to confront COVID-19. We are also canvassing some of the constitutional constraints on government action and police's limits on carrying out enforcement actions.

Violations of orders issued under provincial public health or emergency legislation can entail significant penalties, including substantial fines for individuals and corporations and incarceration for individuals. However, police may not interfere with individual liberties more than what is reasonably required to fulfill their duties.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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