Emergencies Act: Federal Court Rules Invocation Against Freedom Convoy ‘Unreasonable,’ Unjustified

Contact Your Elected Officials

‘I have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness,’ the judge said.

A federal judge has declared that the invocation of the Emergencies Act in response to the Freedom Convoy protest was “unreasonable” and that related regulations infringed on Canadians’ charter rights.

“I have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration,” wrote Justice Richard Mosley in a Jan. 23 decision.

The judge said while he had initially believed the Emergencies Act invocation was justified in response to an “unacceptable breakdown of public order,” arguments by the Canadian Constitution Foundation and Justice Centre for Constitutional Freedoms led him to see otherwise.

The two civil liberties organizations had argued in court that the Liberal government did not meet the legal threshold to invoke the legislation in response to the protest. They supported lawsuits filed by five plaintiffs who participated in the protest, two of whom had their bank accounts frozen as a result of the Emergencies Act.

The Freedom Convoy protest was started in response to a mandate requiring COVID-19 vaccination for truck drivers crossing the Canada–U.S. border, and resulted in encampments of trucks in the nation’s capital. The protest evolved into a larger movement against pandemic mandates and restrictions, with similar protests being held at several Canada-U.S. border crossings.

In response to the protests, the federal government ultimately invoked the Emergencies Act on Feb. 14, which gave law enforcement expanded powers to arrest demonstrators, freeze the bank accounts of some protestors, and require towing companies to remove protesters’ vehicles from Ottawa’s downtown core. This latter power was not used, according to evidence presented during the Public Order Emergency Commission.

‘Other Tools’ Available

In his decision, Justice Mosley wrote that the Emergencies Act was meant to be a tool of last resort, and Ottawa could not invoke it because “it is convenient, or because it may work better than other tools at their disposal or available to the provinces.”

By Matthew Horwood

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Chambers of Horror

Using a shutdown to legislate is like using a flame thrower to light a candle, it provides light momentarily but destroys everything in its path.

Government Shutdown, Health Care, Tax Breaks=Perfect Storm

The shutdown over cuts to health subsidies for the poor stems from Trump’s OBBB plan, which critics say funneled trillions to the wealthy.

3I/Atlas Comet or UFO Arrives Tomorrow!

The 3I/Atlas object is hurtling toward our solar system on a strange path and composition, set to pass behind the sun, obscuring visual and radio tracking.

‘I’d Be Finished’: Vaccine Researcher Trashes Own Study to Save Career

Most doctors comply with the system, following orders to keep their jobs, income, and prestige, even if it means setting aside independent judgment.

Kamala, Please Run Again

Kamala Harris hinted she wants to run for President in 2028, despite poor poll numbers and her loss in 2024. If she runs, the big winners will be the GOP.

San Jose Proclaims ‘Republic of China Day,’ Honors Taiwanese Community’s Contributions

San Jose declared Oct. 25 “Republic of China Day,” honoring the Taiwanese American community’s cultural and economic contributions to the city.

US Tightens Ban on Chinese Tech Gears

The United States has extended its ban on Chinese electronics to cover products partly made by companies blacklisted on national security grounds.

FDA Says It’s Eliminating Requirements for Generic Versions of Expensive Drugs

The Food and Drug Administration in draft guidance said it will reduce instances where large human trials are required for biosimilars.

Government Shutdown Could Cost US Economy $14 Billion: CBO

The government shutdown could cost the U.S. economy up to $14 billion, a new analysis by the CBO said on Oct. 29.

Trump, Japanese PM Sign Critical Minerals, Rare Earths Deal

The U.S. president visited Tokyo on the second leg...

Trump Hikes Canada’s Tariffs by 10 Percent for Not Pulling Anti-Tariff Ad Immediately

Trump announced he will increase tariffs on Canada by 10% after ad by provincial government of Ontario misrepresented President Reagan’s speech on tariffs.

Trump Rolls Back Emissions Rules on Copper Smelters

President Trump issued a proclamation aimed at reversing a Biden-era environmental rule that enforced stricter air emission standards on copper smelters.

Donor Gives $130 Million to Cover Shortfall in Troop Pay During Shutdown

Trump announced on Oct. 23 that an anonymous donor sent $130M to cover military pay during the ongoing government shutdown.
spot_img

Related Articles

Popular Categories

MAGA Business Central