Civil Liberties Group Launches Legal Challenge Over Niagara State of Emergency Declaration for Eclipse

Civil Liberties Group Challenges Niagara State of Emergency Declaration for Eclipse in Court

April 8, 2024 TruthUSA

A constitutional rights group is planning to challenge the Niagara Region in court following the city’s declaration of a state of emergency in preparation for the upcoming total solar eclipse on April 8.

The Canadian Constitution Foundation (CCF) has submitted a notice of application for a judicial review of the region’s state of emergency, deeming it “unlawful.”

“The CCF is deeply concerned about the increase in emergency declarations where real emergencies are lacking,” stated the group on April 5 statement. “The legal definition of ‘emergency’ must remain narrow to prevent restrictions on property rights and violations of civil liberties such as the freedoms of assembly and association.”

Additionally, the group is urging Ontario Premier Doug Ford to “utilize his authority to end the emergency declared by the Region promptly.”

Niagara Region preemptively declared a state of emergency on March 28 in anticipation of the large crowds expected to gather in the area for the solar eclipse.

Regional Chair Jim Bradley justified the order under the Emergency Management and Civil Protection Act (EMCPA) as a precautionary measure.

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“Declaring an emergency using the EMCPA grants the region additional resources to ensure the well-being of residents and guests, as well as protecting critical infrastructure in any potential scenario,” Mr. Bradley stated in a statement disclosing the decision.

However, the CCF argues that using emergency powers beyond standard emergency conditions could lead to their misuse.

“Unchecked, activists could claim various social issues like homelessness and climate change also constitute emergencies,” remarked CCF litigation director Christine Van Geyn. “While these are pressing issues, they should not be a pretext for giving governments excessive powers to trample on our rights.”

As of the publication date, neither the premier’s office nor the Niagara Region have responded to The Epoch Times’ inquiry for comment.

Niagara Falls is recognized as one of the prime locations in Canada to witness the astronomical event due to eclipse enthusiasts having a viewing period of over three minutes. The city anticipates an influx of around one million visitors to Niagara Falls with accommodations in the area mostly fully booked.

The Niagara Regional Police Service (NRPS) has outlined a strategy to manage the anticipated congestion in both the city and Fort Erie.

Several roads will be closed in both localities to “ensure pedestrian safety, manage traffic flow, and allow the movement of emergency vehicles,” according to a press release.

Emphasis is being placed on local traffic, essential employment, emergency vehicles, and hospital routes, with potential delays for motorists at controlled access points, the police indicated.

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