Free, but not really! Emergency Orders have been lifted; why are we still locked down?

BY SIMONE J. SMITH

“Emergency” means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise.” (Ontario Government Website)

When many people heard the news that the “Declaration of Emergency,” was revoked on June 9^th, 2021, it launched a whirlwind of misinformation and confusion throughout Ontario. For many people, the legislative process is both complicated and confusing, and I hope that this article will clarify exactly what is happening so that readers are able to speak intelligently about exactly what is going on.

On June 9^th, 2021 the emergency orders in Ontario were revoked. What is interesting is that unlike COVID-19 case updates, and the laws that were prohibiting our freedoms, we heard nothing of this in the media or from the government.

On July 15^th, 2021 Bryan Thomas, adjunct professor in the Faculty of Law at the University of Ottawa, explained that Ontario did revoke a declaration of emergency under its Emergency Management and Civil Protection Act (EMCPA) on June 9^th, 2021. This was not done by the courts and “Would have been headline news” if it had been. Even though the emergency has been lifted, regulations related to the pandemic are enforceable under the Reopening Ontario (A Flexible Response to COVID-19) Act.

You see, that is the one part that people forgot to take into consideration. Even though certain aspects of the EMCPA were revoked, unfortunately the government has found a way to keep us limited in our movements.

What I am going to do is share with you some information that you should know, and then I am going to leave it up to my intelligent readers to take the helm and do their own research. I would recommend for business owners, and anyone interested in understanding exactly what has been revoked and when to visit

https://www.ontario.ca/laws/statute/90e09#BK12

Let’s take a quick look at EMCPA Act established in 1990. The acts regulation covers:

• Regulated health professionals
• Compliance orders for retirement homes
• Extension orders
• Enforcement of COVID-19 measures
• Standards

There is a second tab that has all of the revoked/spent regulations under the act. This is the part that we should pay attention to, but not get too excited about because I want to remind you that the government is utilizing their loophole, which is the Reopening Ontario Act (ROA), which has been extended to December 2021. This is a completely separate law, which gives the same arbitrary and unilateral emergency authority to the Premier.

So yes, while the “State of Emergency” has been lifted, almost all of the rules that restrict us remain in force, just under a different act. I know. Not the news you wanted to hear, but I want to ensure that our readers are clear on exactly what is going on.

So, we have the bad news out the way; let us attempt to look at the mediocre silver lining that has been offered to us. I am only providing a few examples of what has been revoked, and more details can be found on the website.

Emergency Management and Civil Protection Act

ONTARIO REGULATION 288/21

CLOSURE OF PUBLIC LANDS FOR RECREATIONAL CAMP

Note: This Order was revoked on June 11^th, 2021. (See: O. Reg. 25/21, Sched. 1, s. 2)

SCHEDULE 1

RECREATIONAL CAMPING ON PUBLIC LANDS PROHIBITED

 Interpretation

1. For the purposes of this Order, recreational camping on public lands refers to occupying any public lands within the meaning of the Public Lands Act, including public lands covered by water or ice or both, for the purposes of outdoor recreational accommodation and includes occupying on the public lands any equipment used for the purpose of outdoor recreational accommodation such as a tent, trailer, tent-trailer, recreational vehicle, camper-back and any watercraft equipped for overnight accommodation.

Camping on public lands is no longer prohibited, as long as your actions fall under what is seen as abiding under the ROA.

Emergency Management and Civil Protection Act

ONTARIO REGULATION 265/21

STAY-AT-HOME ORDER

Note: This Order was revoked on June 2^nd, 2021. (See: O. Reg. 25/21, Sched. 1, s. 1)

SCHEDULE 1

Requirement to remain in residence

1. (1) Every individual shall remain at the residence at which they are currently residing at all times unless leaving their residence is necessary for one or more of the following purposes:

Work, school and child care

2. Working or volunteering where the nature of the work or volunteering requires the individual to leave their residence, including when the individual’s employer has determined that the nature of the individual’s work requires attendance at the workplace.
3. Attending school or a post-secondary institution.
4. Attending, obtaining or providing child care.
5. Receiving or providing training or educational services.

Obtaining goods and services

6. Obtaining food, beverages and personal care items.
7. Obtaining goods or services that are necessary for the health or safety of an individual, including vaccinations, other health care services and medications.
8. Obtaining goods, obtaining services, or performing such activities, as are necessary for landscaping, gardening and the safe operation, maintenance and sanitation of households, businesses, means of transportation or other places.
9. Purchasing or picking up goods through an alternative method of sale, such as curbside pickup, from a business or place that is permitted to provide the alternative method of sale.
10. Attending an appointment at a business or place that is permitted to be open by appointment only.
11. Obtaining services from a financial institution or cheque cashing service.

There are about twenty nine of these, but basically, you are now allowed to move around the province as you please. You no longer have to be stuck in your home. My question is, who would want to be at this time.

There is something that I want to mention before I leave you to digest all this information. The Emergency powers and orders have a purpose. According to 7.0.2 (1) of the order, the purpose of making orders under this section is to promote the public good by protecting the health, safety and welfare of the people of Ontario in times of declared emergencies in a manner that is subject to the Canadian Charter of Rights and Freedoms.  2006, c. 13, s. 1 (4).

It is that last part that I find interesting; has anything that occurred during this pandemic followed the Canadian Charter of Rights and Freedoms? I would love to hear the community’s thoughts on this. How do we move forward? It seems like any way we turn we are being restricted. When are the citizens of Ontario going to stand up and say enough is enough? Our government continues to dangle the carrot in front of us, and too many of us are okay with living with limited freedoms.