DESCRIPTION OF INTERACTIVE

State of Emergency.

A situation of national danger or disaster in which a government (provincial, federal, municipal) suspends normal constitutional procedures in order to regain control. A state of emergency is temporary - lasting long enough to access extra assistance, source emergency funding, evacuate citizens, and the like, until the situation is no longer deemed dangerous or is under control.

Example.

The 2016 Fort McMurray wildfire in Alberta that forced 88,000 people from their homes.

State of Exception.

Similar to a state of emergency, but based on the idea that the state or sovereign power can choose to act outside the law, and indeed, transcend the rule of law in the name of the public good. According to philosopher Giorgio Agamben, who originated this concept in his book, State of Exception, the issue at hand is that this situation allows the government to dictate ‘exceptions’ at will.

Example.

The government in Rio de Janeiro declared a ‘state of exception’ to forcibly remove residents from an area in order to build a stadium for the 2014 FIFA World Cup and the 2016 Olympics. The community fought back, in defense of their constitutional rights.

War Measures Act (Canada).

The War Measures Act was a federal statute adopted by parliament in 1914, after the outbreak of World War I. It gave broad powers to the Canadian government to maintain security and order during war or insurrection. It has only been used three times in Canada’s history, most notably in 1970 during the October Crisis.

Example.

On October 5th, 1970, Prime Minister Pierre Trudeau, enacted the War Measures Act - the only time it has ever been enacted outside of war time -  after the kidnapping of British Trade Commissioner, James Cross, by the Front de Libération du Québec (FLQ).

Emergencies Act (Canada).

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. It replaces the War Measures Act from World War I.

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.

Example.

The Emergencies Act has never been evoked since its inception in 1988.

Martial Law.

Martial law occurs when the military assumes the responsibility of governance. The rights of citizens are usually limited during martial law, and democratic processes are eliminated in favor of authoritarian power. Martial law may be invoked in times of war, invasion, or in the event of a major disaster.

Example.

On July 15, 2016, a section of the military in Turkey attempted a coup and, in a television broadcast, is said to have suggested that they would enforce martial law. The coup failed, resulting in the arrests of many members of academia, government agencies, and military.