Canadian court rules government is “unreasonable” when it used sweeping powers to block truckers protesting Covid regulations
A Canadian court has ruled that Justin Trudeau’s government was not justified when it used sweeping powers to break what the prime minister called an “illegal and dangerous” nationwide protest blockade two years ago.
A federal court ruled Tuesday that the government’s invocation of the Emergencies Act in reaction to the so-called Freedom Convoy protests “was justified in light of the applicable factual and legal limitations that had to be taken into consideration. “
In his ruling, Judge Richard Mosley wrote that the ruling was “unreasonable” and led to a violation of the Canadian Charter of Rights and Freedoms.
In February 2022, truckers and their supporters occupied Ottawa, the Canadian capital, for nearly a month in a protest over public health orders related to the coronavirus pandemic. Protesters also blockaded key border crossings with the US.
Trudeau responded by invoking the Emergencies Act of 1988 for the first time in Canadian history, giving the government sweeping powers, adding to the protest the ability to ban gatherings in certain locations and end crowdfunding efforts.
The prime minister said the measures would be limited in time and would only apply to certain geographical regions. “We are not preventing other people from protesting legally,” he said, adding that the army would not be deployed. “This law will be used sparingly and as a last resort. “
A public inquiry in February last year found the government had acted by invoking the law.
But the Canadian Civil Liberties Association (CCLA) and the Foundation for the Canadian Constitution have sought judicial review, arguing that the government’s use of the Emergencies Act violated the country’s Charter of Rights and Freedoms.
Ewa Krajewska, a lawyer for the CCLA, told the federal court that for many, the protests and the government’s measures to disperse them were a “distant memory. “
“But it is important to know when the act can be invoked,” he wrote.
The Federal Court’s ruling is intended to explain when long-term governments can simply invoke the law, but the ruling temporarily resonated with Trudeau’s political rivals.
“The sentence dictates that Trudeau violated the highest law in the land with the Emergencies Act. It has caused the crisis by dividing people. Secondly, he violated the rights of the Charter by illegally repressing citizens,” said conservative leader Pierre Poilievre, who met with protesters in the convoy, posted on social media.
The Conservatives are lately ahead of Trudeau’s Liberal Party in the polls ahead of next year’s election.
In his ruling, Judge Mosley admitted that he had more data than government officials did when they made the questionable decision. But nevertheless, he felt that the Trudeau government lacked sufficient justification.
Following the court’s ruling, Deputy Prime Minister Chrystia Freeland said the federal government would appeal the court’s ruling, adding that she stands by her ruling to invoke the law.
“The public protection of Canadians is threatened, our national security, which includes our national economic security, is threatened,” he said. “It’s a tough decision to make. “