The solar eclipse happening across North America on Monday has driven certain people into hysteria. Canadian Constitution Foundation Litigation Director Christine Van Geyn said Niagara Region should not have declared a state of emergency over the eclipse. “But some safety-obsessed public officials seem to think it is,” said Van Geyn in a video. “They’re wrong, and this obsession with eliminating all threats both real and imagined and the placing of safety as a sacred value in our culture needs to end.” .Niagara Region declared a state of emergency on March 29 due to the influx of visitors going to observe the eclipse. READ MORE: Canada's Niagara Region declares state of emergency due to upcoming solar eclipseMassive crowds of up to one million people are expected to flood Niagara Region. Niagara Region Chair Jim Bradley declared the state of emergency effective immediately out of an abundance of caution. Van Geyn said this is all way over the top. In the case of the state of emergency, she said it is illegal. The statutory definition under the Emergency Management and Civil Protection Act (EMCPA) is not met by an eclipse. The EMCPA defines an emergency as “a situation or an impending situation that constitutes a danger of major proportions that could result in serious harms to persons or substantial damage to property that is caused by the forces of nature, a disease, or health risk; an accident; or an act whether intentional or otherwise.” She acknowledged an increase in tourism and three minutes of darkness does not meet this definition. If it did, she said New Year’s Eve, the Toronto International Film Festival and large community events and protests would be emergencies. The EMCPA gives Ontario Premier Doug Ford the power to rescind this state of emergency. There is precedent for provinces overruling states of emergency in municipalities. St. Stephen, NB, declared a state of emergency over homelessness. In response, New Brunswick Public Safety Minister Kris Austin rescinded this declaration and warned St. Stephen emergencies are for imminent threats to communities. She said the trend of municipalities declaring emergencies over increased tourism and social issues needs to stop before it gets out of control. She encouraged people to write Ford at premier@ontario.ca or doug.fordco@pc.ola.org about why he should rescind this emergency. If this emergency goes unchecked, she said it is “a virtual guarantee future social activists will argue that various social issues also constitute emergencies under the Emergency Management and Civil Protection Act.” Social justice activists have tried this. Municipalities across Canada have passed motions declaring climate change an emergency, although they were not under emergency legislation. Under emergency legislation, Niagara Region declared a state of emergency over homelessness, mental health and opioid addictions. While municipalities might enact these declarations, she said they are bad because the EMCPA comes with real powers. It allows the heads of a council to take actions and make orders that are necessary and not contrary to law. Canadian constitutional lawyer Lyle Skinner said emergency powers can be used to take measures such as imposing a curfew and rationing goods. She asked people to imagine if there was a declaration over a social issue such as climate change or homelessness how a municipality might use those powers. Van Geyn concluded by saying the obsession with the safety and the definition of emergency is ridiculous and needs to stop. She said people can change this by writing Ford. “The eclipse isn’t for a few more days, so tell him to rescind this now or he’s going to be dealing municipalities all over Ontario claiming every single thing that happens is an emergency, demanding extra funding, or threatening to use powers to deal with imagined situations and emergencies,” she said.
