Trudeau used the War Measures Act in 1970 when the FLQ kidnapped several government officials, Just proved that Trudeau was really a Fascist at heart.
The Emergencies Act is an Act of the Parliament of Canada to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof.
It received Royal Assent on July 21, 1988, replacing the War Measures Act.
The Emergencies Act differs from the War Measures Act in two important ways:
A declaration of an emergency by the Cabinet must be reviewed by Parliament
Any temporary laws made under the Act are subject to the Charter of Rights and Freedoms.
Thus any attempt by the government to suspend the civil rights of Canadians, even in an emergency, will be subject to the “reasonable and justified” test under section 1 of the Charter.[1]
The two most recent invocations of the WMA were used as cover for violations of civil liberties; during WWII it was used to intern Japanese-Canadians and Italian-Canadians and in 1970 to hold “suspect” individuals without charges being laid.
Before the Charter Of Rights, Parliament was supreme. It could make any law.
The Charter of course imposed new limits.