Politicians Should Be Personally Liable for the Harm They Cause
Commentary
The inquiry into the use of the Emergencies Act is generating plenty of interest and commentary, but one thing that I haven’t seen discussed yet is the implications that the commission’s findings may eventually have for further lawsuits or claims against the federal government, or against various individuals within the government, such as the prime minister.
There’s a portion of the Emergencies Act (Part V) that’s titled “Compensation.” It says that the government can pay reasonable compensation to any person who suffered a loss, injury, or damage as a result of the use of the Emergencies Act. In fact, it actually goes further: It says the Minister “shall” award compensation, subject to the regulations (which unfortunately haven’t been written yet) and on condition that the applicants for the compensation sign a full release of rights to sue the Crown….