Information sourced here:
"First, mandates need to be issued by a government agency or an elected official.. Secondly, they will often need a reason to introduce the mandate"
The mandate becomes:
"The authority given to an elected group of people, such as a government, to perform an action or govern a country” and it is "legally enforceable."
"Mandates are often used to deal with emergency situations. They are known for being very fast to implement. This makes them the perfect way to address rapidly changing situations."
"There are a few conditions in which a mandate can be deemed invalid. These will be when:
They fall outside the government’s agency under the legislation. The law will state clearly what things the agencies can and can’t make laws about. For example, the health department can make decisions about a pandemic. But a terrorist attack will be outside of their purview.
The mandate can’t overrule any existing state or federal laws. These laws can also be changed by a legislature.
The mandate can’t override the Constitution. All laws and mandates will need to follow the rules established in the Constitution."
In British Columbia, the mask mandate and now the vaccine passport would have come under the agency of the Ministry of Health but the emergency situation undergirding the mandate has fomrally expired. BC cancelled the state of health emergency June 30th. Elements of the Canadian constitution are being overruled.
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