A federal judge in Canada ruled that Prime Minister Justin Trudeau’s use of the Emergencies Act to crack down on the anti-Covid-lockdown protesters known as the Freedom Convoy was unconstitutional.
The Emergencies Act grants the federal government additional powers during moments when Canadian national-security is deemed to be endangered. In February 2022, it was deployed by the Trudeau government to prevent demonstrations against Covid-19 lockdowns and vaccine mandates across Parliament Hill and downtown Ottawa. It also empowered local law enforcement to remove protesters, tow vehicles, and even freeze the bank accounts of convoy participants.
“I have concluded that the decision to issue the [Emergencies Act] Proclamation does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified,” Federal Court justice Richard Mosley wrote in his Tuesday decision. “While I agree that the evidence supports the conclusion that the situation was critical and required an urgent resolution by governments the evidence, in my view, does not support the conclusion that it could not have been effectively dealt with under other laws of Canada.”
Mosley cited other provincial instances in Alberta, Quebec, and other cities in Ontario where protesters were disbanded without invoking extraordinary measures. “For these reasons, I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires,” Mosley continued, citing the Latin term denoting an action which falls beyond the authority’s scope of power. “The harm being caused to Canada’s economy, trade and commerce, was very real and concerning but it did not constitute threats or the use of serious violence to persons or property.”
The judge added that he began the case “leaning to the view that the decision to invoke the EA [Emergencies Act] was reasonable.” However, after hearing the counter-arguments presented, Mosley’s mind was swayed. “Their participation in these proceedings,” he added, referring to the two civil-rights groups joining the challenge, “has demonstrated again the value of public interest litigants. Especially in presenting informed legal argument. This case may not have turned out the way it has without their involvement.”
The case was brought by two Canadians who had their bank accounts frozen for participating in the demonstrations as well as the Canadian Constitutional Foundation and Canadian Civil Liberties Association.
“Emergency is not in the eye of the beholder. Emergency powers are necessary in extreme circumstances, but they are also dangerous to democracy. They should be used sparingly and carefully. They cannot be used even to address a massive and disruptive demonstration if that could have been dealt with through regular policing and laws,” the latter argued in a statement released following the ruling.
Chrystia Freeland was asked whether she has any regrets about the government’s decision to freeze the bank accounts of Convoy supporters — a measure criticized by the Federal Court when deeming the Emergencies Act unconstitutional and unreasonable. pic.twitter.com/413O3ExcfP
— True North (@TrueNorthCentre) January 23, 2024
Trudeau cabinet minister Chrystia Freeland vowed that the government would appeal the ruling. “The public safety of Canadians was under threat, our national security, which includes our national economic security, was under threat,” the Deputy Prime Minister said in response to a journalist’s question on Tuesday afternoon. “I was convinced at the time. It was the right thing to do. It was the necessary thing to do.”