Invoking the Emergency Situations Act has just been declared unlawful by the Federal Court. In a decision released Tuesday, the court wrote that the government's decision was “unreasonable” and went beyond the state's legislative powers.
“The reasons given to justify the decision to declare a state of emergency do not meet the requirements of the Emergencies Act and some of the temporary measures to address the demonstrations violated the provisions of the Canadian Charter of Rights and Freedoms,” writes Judge Richard Mosley.
The judge said the freezing of bank accounts and credit cards was also a problem.
Prime Minister Justin Trudeau had invoked the law to try to end the Freedom Convoy protests, which lasted for weeks in 2022 and blocked downtown Ottawa streets and several border crossings. This was the first time this law, which replaced the War Measures Act, was used since its introduction in 1988.
The Trudeau government was asked to respond and said it would appeal the decision.
“We remain convinced today that we made the right decision,” said Finance Minister Chrystia Freeland. The decision was made “hesitantly” but national security, including the country’s economic stability, was at risk, she argued.
“I'm sad that we had this situation in Canada, very, very sad, but we had this situation. We had a serious, serious threat to security,” she defended in a press conference, reiterating that the “threat was real.”
For his part, the Minister of Public Security, Dominic LeBlanc, recalled “the context” of two years ago, when police authorities found two homemade bombs and 36,000 bullets.
He also recalled that Ontario Premier Doug Ford supported the use of the Emergency Measures Act – unlike Quebec Premier François Legault.
“We do not agree with the decision,” Justice Minister Arif Virani said after reiterating his confidence in the courts.
“Ultra vires” and “unreasonable”
The case was brought to court by the Canadian Civil Liberties Association (CCLA), the Foundation for the Canadian Constitution and others who believe this law is unacceptable.
In February 2022, the Canadian Civil Liberties Association announced that it would file a petition for judicial review following the Trudeau government's decision. She appeared in federal court last year arguing that Ottawa had no valid reason to use the law.
“We have succeeded on behalf of the CCLA. “The Federal Court ruled that the decision to declare the Emergency Measures Act was unreasonable and unreasonable and that the measures violated the Charter,” said lawyer Ewa Krajewska, representing the CCLA in the case.
Official opposition leader Pierre Poilievre accused the prime minister of “provoking the crisis by dividing people.” “. “Then he violated the rights guaranteed by the Charter by illegally repressing citizens,” he wrote on his social networks.
The public inquiry conducted by Commissioner Paul Rouleau last year concluded that Prime Minister Justin Trudeau had met the required threshold to invoke the law.
More details to follow.