The Globe and Mail
23 January 2024

https://www.theglobeandmail.com/politics/article-emergencies-act-federal-court-decision/

The federal government was not justified when it invoked the Emergencies Act and issued a public order emergency proclamation in response to convoy protests that gridlocked Ottawa and some border crossings two years ago, the Federal Court ruled Tuesday in a decision that will test Prime Minister Justin Trudeau’s government.

The emergency proclamation “was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration,” Justice Richard Mosley wrote in his decision.

“The decision to issue the Proclamation was unreasonable and led to infringement of Charter rights not justified under section 1,” the Justice wrote.

The Canadian Civil Liberties Association filed an application for a judicial review against the government’s use of the Emergencies Act, as did several other groups and individuals.

“The Federal Court found that the decision to declare the Emergencies Act was ultra vires and unreasonable and that the measures violated the Charter,” the Canadian Civil Liberties Association’s lawyer Ewa Krajewska said in a brief statement on social media.

Deputy Prime Minister Chrystia Freeland said Tuesday the federal government will appeal the court ruling. She said the government stands by its decision to invoke the Act.

“We do not agree with this decision. And respectfully we will be appealing it,” Ms. Freeland said. “The public safety of Canadians was under threat, our national security, which includes our national economic security was under threat. It was a hard decision to take.”

Conservative Leader Pierre Poilievre was quick to condemn the Prime Minister over the federal court ruling.

“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,” Mr. Poilievre said on X, the social media platform previously known as Twitter.

The Federal Court ruling comes almost exactly a year after the Commissioner of the Emergencies’ Act inquiry found that the government acted appropriately when it invoked the Act. However, at the time Justice Paul Rouleau said the factual basis to support his conclusion was not “overwhelming” and “reasonable and informed people could reach a different conclusion.”

Over all, Justice Rouleau found that there was “credible and compelling information” to support a reasonable belief that the protests posed a threat to the security of Canada. The information available to cabinet when it made the decision to invoke the act included evidence of the presence of ideologically motivated extremists at the protests, threats against public officials and fear of a “lone wolf” attack, he said.