Aaron Wudrick: The Emergencies Act threshold is now incompetence, apparently

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Aaron Wudrick: The Emergencies Act threshold is now incompetence, apparently
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Commission concludes government can do what it wants, no matter what the legislation actually says

Supporters of the Trudeau government’s decision to invoke the Emergencies Act will be greatly cheered by the central conclusion arrived at by Rouleau that the government’s invocation of the act was appropriate, and no doubt this will be the primary talking point advanced by the government’s communications machine in the coming weeks. The debate is over; vindication is ours.

To be fair to Rouleau, he knew he was caught between a rock and a hard place: fail to make a finding and be accused of ducking; or make a finding and get pilloried for stepping outside his mandate. In the end, he decided to split the difference.

This sort of hedging will be unsatisfying to people on both sides of the debate. On a matter of such importance, and having recognized that the issue remains before the Federal Court, one would think that the appropriate course of action would be to either state one’s position with a high degree of confidence or withhold taking one altogether.Article content

Much of Rouleau’s rationale rests upon the well-established criminal law “reasonable belief” standard — which holds that perfect judgment is not required, but merely that a decision maker in possession of a certain set of facts acts in a way that is considered “reasonable.” There is little to quibble with here as a general principle.

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