The Canadian Bar Association-NL has submitted a letter to government addressing its concerns about recent amendments to Bill 38 – the Public Health Protection and Promotion Act.
The bar association says changes to the act have drawn criticism from the Newfoundland and Labrador legal community and from elsewhere.
The Canadian Bar Association-NL identifies a number of issues with the amendments centering around some specific provisions.
They include the fact that there is no definition of a “measure” in reference to “measures taken,” something the CBA-NL calls “vague and broad.” “Authorization” is another term that they say requires more explanation. The Bar Association says it is unclear if authorization is on a case by case basis.
The association also questions surrounding references to “Contravention” and “Detention,” asking for greater clarity on who determines that a contravention has occurred and what appears to be a lack of clarity on limits set for the authority to detain and how long that detention can last.
CBA-NL says the submission does not provide detailed commentary on the Special Measures Order, amendment number 11, nor does the submission comment on the pending legal action being brought forward by the Canadian Civil Liberties Association (CCLA), related to the Order.