The definition by reference to the CSIS Act should be removed from the Emergencies Act, Rouleau said in the report’s recommendations.
The report said the recommended review of the Emergencies Act should ensure “the threshold remains high, the invocation of the act remains exceptional, and all appropriate safeguards are put in place to maintain Parliament’s ultimate and effective control over the steps taken by the government in response to a public order emergency.”
The federal government should have to “deliver to the commission a comprehensive statement setting out the factual and legal basis for the declaration and measures adopted.” That should include the justice minister’s view on whether “the decision to proclaim an emergency was consistent with the purposes and provisions of the Emergencies Act” and also whether the measures that were taken under the legislation “were necessary and consistent” with the Charter of Rights and Freedoms.
After the decision is made to declare an emergency, government should immediately start collecting relevant documents and information, it said.
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