Canada
Canadian court rules government was 'unreasonable' when it used sweeping powers to block truck drivers protesting Covid rules
Tuesday, January 23, 2024, 7:57 p.m. GMT
A Canadian court has ruled that Justin Trudeau's government was not justified when it used sweeping powers to break up what the prime minister called “illegal and dangerous” protest blockades across the country two years ago.
A federal court found on Tuesday that the government's invocation of the emergency law in response to the so-called Freedom Convoy protests “was not justified in light of the relevant factual and legal limitations that had to be taken into account.”
Justice Richard Mosley wrote in his decision that the move was “unreasonable” and resulted in a violation of the Canadian Charter of Rights and Freedoms.
In February 2022, truckers and their supporters occupied the Canadian capital Ottawa for nearly a month to protest public health orders related to the coronavirus pandemic. Demonstrators also blocked important border crossings with the USA.
Protests in Ottawa: Tensions rise as an “unbearable” truck blockade paralyzes Canada’s capital
Trudeau responded by invoking the Emergencies Act of 1988 for the first time in Canadian history, giving the federal government broad powers, including the ability to ban gatherings in certain locations and halt crowdfunding efforts to support the protest.
The prime minister said the measures were temporary and would only apply to certain geographical regions. “We are not impeding people’s right to protest legally,” he said, adding that the military would not be used. “The law should be used sparingly and as a last resort.”
A public inquiry in February last year found the government acted appropriately when it invoked the law.
However, the Canadian Civil Liberties Association (CCLA) and the Canadian Constitution Foundation sought a judicial review on the grounds that the government's use of the Emergencies Act violated the country's Charter of Rights and Freedoms.
Ewa Krajewska, the CCLA's lawyer, admitted before the Federal Court's decision that the protests and the government's moves to disperse them were a “distant memory” for many.
“But when the offense can be asserted is important.” She wrote.
The Federal Court's decision is intended to provide clarity about when future governments could invoke the law, but the ruling was quickly seized upon by Trudeau's political rivals.
“Judge rules Trudeau broke the highest law in the land with the Emergencies Act. He caused the crisis by dividing people. Then he violated the Charter right to illegally repress citizens,” said conservative leader Pierre Poilievre, who met with protesters during the convoy. posted on social media.
The Conservatives are currently well ahead of Trudeau's Liberal Party in polls ahead of an election next year.
In his decision, Judge Mosley acknowledged that he had more information available to him than government officials did when they made the controversial decision. Still, he noted that the Trudeau government lacked sufficient justification.
Following the court's decision, Deputy Prime Minister Chrystia Freeland said the federal government would appeal the court ruling, adding that the government stood by its decision to invoke the law.
“The public safety of Canadians was at risk, our national security, which includes our national economic security, was at risk,” she said. “It was a difficult decision.”
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