The provincial government says it will not declare martial law if the pandemic grows out of control, even though a recent emergency order gives it the power to do so.
When the Government of Saskatchewan issued a new provincial emergency order in mid-September, the order’s purpose was to support the health-care system by allowing for better labour mobility through flexible scheduling and redirecting workers to areas experiencing pressures, a news release said.
A previous letter of understanding (LOU) enabled the Saskatchewan Health Authority (SHA) to ensure that the necessary staff were in the right place to help with the pandemic.
The LOU expired earlier this year.
“Given the urgent and immediate needs of the health-care system, under the authority of The Emergency Planning Act and the declaration of emergency, the premier has issued a minister’s order reinstating the previously negotiated LOU among the SHA, affiliates and unions,” the news release added.
Minister’s Order
The Minister’s Order relies on sections 18 and 18.1 of The Emergency Planning Act to enforce the emergency declaration. Under the header “Powers of minister in an emergency,” section 18.1 contains 15 clauses that allow a minister to make decisions that border on marital law.
Some questionable clauses include:
- D): acquire or use any real or personal property that the minister considers necessary to prevent, combat or alleviate the emergency
- F) Control or prohibit travel to or from any area of Saskatchewan
- H) Provide, maintain and co-ordinate emergency medical, welfare, law enforcement and other essential services in any part of Saskatchewan
- I) Evacuate persons and remove persons or livestock and personal property from any area that is or may be affected by an emergency and make arrangements for the adequate care and protection of those persons or livestock and the personal property
- J) Authorize the entry into any building or on any land, without warrant, by any person while implementing an emergency plan
- K) Cause the demolition or removal of any trees, structures or crops if the demolition or removal is necessary or appropriate to reach the scene of an emergency, to attempt to forestall its occurrence or to combat its progress
- L) Procure or fix prices for food, clothing, fuel, equipment, medical supplies or other essential supplies and the use of any property, services, resources or equipment within any part of Saskatchewan during the emergency period
Provincial government response
The Express reached out to the premier’s office for comment about the emergency order. Instead, a spokesman from the Ministry of Justice and Attorney General responded by email.
“The Government of Saskatchewan will not implement martial law and will not invoke any emergency powers beyond what is required to manage the spread of COVID-19 and ensure the stability of our health-care system,” the spokesman said.
The province’s chief medical health officer, Dr. Saqib Shahab, has issued several public health orders that contain pandemic-related measures. These orders are issued under The Public Health Act, 1994 and The Disease Control Regulations, continued the email.
The Emergency Planning Act allows the government to take necessary actions to address crises, including fire, flood, or other disasters. Subsection 18(1) of The Emergency Planning Act contains order-making powers that can be used once an emergency declaration is made, the email stated. However, powers such as clause 18(1)(j) do not have general application and must be specifically authorized.
The government is relying on the powers in The Emergency Planning Act to co-ordinate medical care in Saskatchewan, as authorized by clause 18(1)(h).
“To be clear, The Emergency Planning Act and the powers it provides in an emergency have existed long before the pandemic and are similar to emergency planning legislation in other provinces … ,” the spokesman said.
“COVID-19 remains a significant public health risk,” he added, “and the Government of Saskatchewan aims to ensure safe and appropriate patient care across Saskatchewan through the use of clause 18(1)(h) of The Emergency Planning Act.”
