JUDGE RULING MAY HAVE SAVED CANADA: Trudeau was wrong invoking the Emergencies Act

9 months ago

"Trudeau must now answer for his reckless abandonment of the law and the most basic freedoms of all Canadians.", CPC

Toronto Sun - 163K subscribers
Jan 29, 2024 - The Sun's political columnist Lorne Gunter says Federal Judge Richard Mosley got it right when he ruled the Trudeau government was wrong invoking the Emergencies Act on the Freedom Convoy.

From the CPC website
“Today, in a landmark victory for the freedoms of Canadians, the Federal Court ruled that Trudeau broke the highest law in the land by invoking the Emergencies Act, finding that Trudeau’s decision to use the Act directly violated Canadians’ most essential rights to freedom of thought, belief, opinion and expression.

“On top of this, the Federal Court found that the use of the Act was not consistent with the law and ‘the reasons provided for the decision to declare a public order emergency do not satisfy the requirements of the Emergencies Act and that certain of the temporary measures adopted to deal with the protests infringed provisions of the Canadian Charter of Rights and Freedoms.’ Trudeau must now answer for his reckless abandonment of the law and the most basic freedoms of all Canadians.

“The decision to invoke the Emergencies Act was unnecessary from the start. Trudeau caused this crisis by dividing people. He proceeded to violate Charter rights to illegally suppress Canadian citizens. Since then, the Trudeau Government has desperately tried to defend their actions, lying to the public, saying that the police asked the Government to invoke the Act – something the RCMP and the Ottawa Police have both denied.

https://www.conservative.ca/federal-court-rules-that-trudeau-broke-highest-law-in-the-land-with-emergencies-act/

Poilievre claims Trudeau maintains power by ‘dividing the country’ -CTV

“We do not agree with this decision,” Ms. Freeland said in Montreal, where the federal cabinet was meeting to discuss strategy for the return of Parliament next week.
https://www.theglobeandmail.com/politics/article-emergencies-act-federal-court-decision/

In the decision released Tuesday, Federal Court Justice Richard Mosley said the invocation of the Emergencies Act led to the infringement of constitutional rights.

“I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable,” Mosley wrote.

https://apnews.com/article/canada-truck-protests-trudeau-court-covid-d7e6640f817ee12410bb99840a3df41b

https://www.theguardian.com/world/2024/jan/23/canada-trudeau-emergencies-act-trucker-protest-covid

PDF of the Ruling;

"With respect to the first question, the Court considered the decision under the reasonableness standard of review and concluded that the answer was yes, the Proclamation was unreasonable and illegal (“ultra vires”) of the Act.

While the Court recognized that the occupation of downtown Ottawa and the blockades of the ports of entry were matters of serious concern calling for government and police action, the threshold of national emergency required by the Act was not met. Under paragraph 3(a) of the Act, a national emergency is an urgent and critical situation that exceeds the capacity or authority of the provinces to deal with it, and that cannot be effectively dealt with under any other law of Canada.

The Proclamation applied the temporary special measures in all of Canada’s provinces and territories, despite the lack of evidence that it was necessary. Apart from the situation in Ottawa, the police were able to enforce the rule of law by applying the Criminal Code and other legislation."