Canada’s Federal Court declared Prime Minister Justin Trudeau’s use of the Emergencies Act in 2022 to suppress protesting truckers as both unreasonable and unconstitutional. Justice Richard G. Mosley, in his ruling, stated that the decision lacked reasonableness, justification, transparency, and intelligibility, violating relevant factual and legal constraints.
The application for judicial review, initiated by the Canadian Constitution Foundation, the Canadian Civil Liberties Association, and other applicants, contested the emergency measures employed to quell the Freedom Convoy protests in Ottawa. These measures included freezing protesters’ bank accounts, conscripting tow truck drivers, and arresting individuals participating in assemblies deemed illegal by Trudeau’s government.
Mosley pointed out that Trudeau’s regulations breached charter rights, particularly freedom of thought, opinion, and expression, as well as the right to security against unreasonable search and seizure. The court ruling explicitly stated, “It is declared that the decision to issue the Proclamation and the association Regulations and Order was unreasonable and ultra vires the Emergencies Act.”
Furthermore, the ruling declared that the regulations infringed section 2 (b) of the Charter and the order infringed section 8 of the Charter, with neither infringement justified under section 1.
The Canadian Constitution Foundation, which initiated the judicial review, had expressed concerns over what they deemed as severe government overreach and violations of civil liberties during the pandemic. TNC.news quoted the Foundation, stating, “The Trudeau government’s use of this extraordinary law may be the most severe example of overreach and violations of civil liberties that was seen during the pandemic.”
The government, however, remains steadfast in its position and plans to appeal the ruling. Deputy Prime Minister Chrystia Freeland emphasized that the decision to invoke the Emergencies Act was made to safeguard the public safety of Canadians, citing threats to national security and economic stability.
Conservative Leader Pierre Poilievre quickly criticized Trudeau over the ruling, asserting that the Prime Minister violated the highest law in the land and suppressed citizens’ rights.
“Judge rules Trudeau broke the highest law in the land with the Emergencies Act. He caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens,” Poilievre said.
This Federal Court ruling comes nearly a year after the Emergencies Act inquiry, which found the government’s invocation of the Act appropriate. However, Justice Paul Rouleau noted that the factual basis supporting the decision was not overwhelming, acknowledging that reasonable and informed people could reach a different conclusion.
Information for this briefing was found via The Globe And Mail and the sources mentioned. The author has no securities or affiliations related to this organization. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.
