HNewsWire:
By canucklaw.ca
A few weeks ago, British Columbia Bill 31, the Emergency and Disaster Management Act, made ripples because of the embedded language which seemed to be a threat to property rights. Under the pretense of emergencies, rights could be suspended in a manner that heavily paralleled the Public Health Act.
However, it’s noteworthy that the B.C. Government isn’t actually responsible for this legislation. It’s domestic implementation of the United Nations Sendai Framework, signed in Japan in 2015.
It’s also explicitly stated that it will be used to “mitigate the risks” of climate change, but without specifying what those risks are.
Bill 31 is quite long, but here are a few notable parts. Section 76 allows the Minister to suspend property rights under the guise of mitigating an emergency. It also allows for warrantless entry under that same pretense.
Furthermore, the Minister is able to order that property be destroyed …. including crops. By this logic, the food supply would not be secure either.
Section 78 would give the Government the power to restrict travel and movement, shut down businesses, and various events. This greatly parallels what happened from 2020 to 2022. The difference here is that the excuse isn’t a disease.
Section 82 says that the Lieutenant Governor in Council can make retroactive orders. This would presumably legalize actions that would previously have been illegal.
Section 139 makes it clear that compliance is mandatory.
Section 140 gives provincial administrators the power to ask for police enforcement
Section 141 outlines judicial remedies to obtain an injunction.
Section 154 provides protection from legal proceedings for pretty much anyone involved in implementing emergency management orders.
There is much more to this Bill, and that will be covered in a follow-up.
Now, what does this have to do with the United Nations?
Turns out, that the Sendai Framework was agreed to in 2015, and this is just B.C. implementing their version of it. This is also the third conference, with the first being in Yokohama in 1994, and the second in Hyogo in 2005. The specific agency is the UNDDR, the United Nations Office for Disaster Risk Reduction.
The full text of the Sendai Framework for Disaster Risk Reduction (see archive) is available online. As should be apparent, Bill 31 heavily copies this content.
The Emergency & Disaster Management Act heavily mirrors the Provincial Public Health Acts, which strip away property rights under the cloak of disease prevention. Those have been covered here and here.
More to come!
(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction
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