A constitutional rights group is seeking to challenge the Niagara Region in court after the city declared a state of emergency ahead of the much-anticipated total solar eclipse April 8.
The Canadian Constitution Foundation (CCF) has filed a notice of application for a judicial review of the region’s state of emergency, calling the move “unlawful.”
“The CCF is deeply concerned about the proliferation of declarations of emergency in situations where no genuine emergencies exist,” the group said in an April 5 statement. “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.”
The group is also calling on Ontario Premier Doug Ford to “exercise his powers to end the emergency declared by the Region immediately.”
Niagara Region preemptively declared a state of emergency March 28 in anticipation of the large crowds expected in the area to view the solar eclipse.
Regional Chair Jim Bradley said the order was issued under the Emergency Management and Civil Protection Act (EMCPA) “out of an abundance of caution.”
“Declaring a state of emergency under the EMCPA strengthens the tools the region has at its disposal to safeguard the health and safety of residents and visitors and protect our critical infrastructure in any scenario that might arise,” Mr. Bradley said in a statement announcing the decision.
The CCF, however, contends that using emergency powers outside of traditional emergency parameters could open the door to abuse of the system.
“If this goes unchecked, it is a virtual guarantee that activists will argue that various social issues like homelessness and climate change also constitute states of emergency,” CCF litigation director Christine Van Geyn said. “While these are vexing problems, they shouldn’t be used to give powers to governments extraordinary powers to trample on our rights.”
Public Safety a ‘Priority’
Daryl Barnhart, chief of staff to the Niagara regional chair, declined to comment on the activities of the CCF, but said the regional decision was about ensuring public safety.“What I will say is that the region’s top priority during the eclipse is the health and wellbeing of our residents and visitors and we are taking all the necessary steps to ensure everyone can enjoy the event safely,” Mr. Barnhart said in an emailed statement. “This declaration has ensured we have the correct staffing levels across all our lines of business and opened up opportunities for collaboration and cooperation that will help the day run as smoothly as possible.”
He described the state of emergency as a “safeguard” not only for residents and visitors but for “our critical infrastructure in any scenario that might arise.”
The premier’s office did not respond to The Epoch Times’ requests for comment as of publication.
Niagara Falls has been feted as one of the best places in Canada to watch the celestial phenomenon because eclipse enthusiasts will have a viewing period of more than three minutes. The city is expecting upward of one million people to descend on Niagara Falls with hotels throughout the area fully booked.
The Niagara Regional Police Service (NRPS) said it has a plan in place to help deal with the expected congestion both in the city and in Fort Erie.
Several roads will be closed in both communities to “allow for the safety of pedestrians, traffic management, and the movement of emergency vehicles,” police said in a press release.
Priority is being given to local traffic, employment, emergency vehicles and to hospital routes, police said, adding that motorists may experience delays at the controlled barriers.
