A court in Canada has determined that Justin Trudeau’s administration was not justified in utilizing broad authority to dismantle what the prime minister deemed as “unlawful and hazardous” demonstrations that occurred throughout the country two years ago.
On Tuesday, a federal court determined that the government’s use of the Emergencies Act to address the freedom convoy protests was not warranted, given the necessary factual and legal considerations.
Justice Richard Mosley stated in his ruling that the action was deemed “unreasonable” and resulted in a violation of Canada’s charter of rights and freedoms.
In February of 2022, truck drivers and their allies staged a prolonged demonstration in Ottawa, the capital of Canada, in objection to government mandates regarding the COVID-19 crisis. The demonstrators also obstructed important entry points along the US-Canada border.
Trudeau utilized the 1988 Emergencies Act, a first in Canada’s history, to grant the federal government extensive authority such as prohibiting gatherings at specific venues and halting crowdfunding initiatives aimed at supporting the protest.
The prime minister announced that the restrictions would have a time limit and would only be enforced in certain areas. He clarified that citizens would still have the right to protest within the boundaries of the law and reassured that the military would not be involved. He emphasized that this measure would only be used sparingly and as a final option.
A public investigation in February of last year determined that the government acted correctly when it utilized the Act.
The CCLA and Canadian Constitution Foundation requested a judicial review, stating that the government’s implementation of the Emergencies Act violated the country’s charter of rights and freedoms.
The lawyer representing the CCLA, Ewa Krajewska, admitted prior to the federal court’s ruling that the protests and the government’s attempts to disperse them were a distant recollection for many.
“The timing of when the act can be invoked is crucial,” she stated.
The ruling by the federal court aims to provide clarification on when future governments might utilize the act, however, Trudeau’s opponents were quick to criticize it.
Pierre Poilievre, leader of the Conservative party, stated on social media that a judge has ruled that Prime Minister Trudeau violated the Emergencies Act, the highest law in the country. Poilievre also accused Trudeau of causing the crisis by creating division among people and violating citizens’ Charter rights by illegally suppressing them.
The Conservatives are currently polling far ahead of Trudeau’s Liberal party ahead of an expected election next year.
Justice Mosley acknowledged that he had access to a greater amount of information than government officials did when they made their contentious decision. However, he still concluded that Trudeau’s administration did not have enough valid reasoning for their actions.
After the court’s ruling, Chrystia Freeland, the deputy prime minister, stated that the federal government will challenge the court’s decision and reaffirmed their decision to utilize the act.
“The well-being of the Canadian public was jeopardized, as well as our national security and economic stability,” she stated. “It was a difficult choice to make.”
Source: theguardian.com
