Federal court rules Emergencies Act invocation 'not justified'
The federal government says it plans to appeal a ruling by the Federal Court stating that its use of the Emergencies Act to shut down the so-called Freedom Convoy protests in Ottawa two years ago was βnot justified.β
Representatives of both the Canadian Constitution Foundation and the Canadian Civil Liberties Association β the two groups who brought the case to the Federal Court β posted about the ruling on X, formerly known as Twitter.
The protests gridlocked downtown Ottawa for three weeks and blockaded some key Canada-U.S. border crossings in early 2022 in opposition to COVID-19 vaccine mandates.
On Feb. 14, 2022, the federal government invoked the Emergencies Act for the first time in its history, arguing at the time that the national security risks stemming from the protests justified its use.
The move allowed the federal government to enact wide-sweeping but temporary powers to help officials crack down on protestersβ access to funds, grant the RCMP jurisdiction to enforce local laws, designate critical infrastructure and services, and impose fines and imprisonment on participants who refused to leave the protest zone.
βI have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness β justification, transparency and intelligibility β and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration,β stated Federal Court Justice Richard Mosley.
Mosley added that βthere can be only one reasonable interpretationβ of the Emergencies Act and CSIS Act, and that he believes βthe legal constraints on the discretion of the GIC to declare a public order emergency were not satisfied.β
Mosley also stated that, factoring for the definition of a βnational emergencyβ under the Act, βthere was no national emergencyβ to justify its use, and that βthe decision to do so was therefore unreasonableβ and beyond the powers of the law.
βThis case was not about the constitutionality of the (Emergencies Act) but, rather, how it was applied in this instance,β Mosley added.
Canadian government to appeal: Freeland
At a press conference from the cabinet retreat in Montreal on Tuesday, Deputy Prime Minister Chrystia Freeland said the federal government plans to appeal the decision.
βI would just like to take a moment to remind Canadians of how serious the situation was in our country when we took that decision,β she said. βThe public safety of Canadians was under threat. Our national security, which includes our national economic security, was under threat.β
βIt was a hard decision to take,β she added. βWe took it very seriously after a lot of hard work after a lot of careful deliberation. We were convinced at the time β I was convinced at the time β it was the right thing to do, it was the necessary thing to do.β
βI remain and we remain convinced of that,β she continued.
The public inquiry led by Commissioner Paul Rouleau last year β which heard from more than 70 witnesses over six weeks in addition to the submission of more than 7,000 documents β found Prime Minister Justin Trudeau met the threshold to invoke the act.
Conservative Leader Pierre Poilievre also weighed in on the decision on X, writing that βTrudeau broke the highest law in the land with the Emergencies Act.β
βHe caused the crisis by dividing people,β Poilievre wrote, adding that if elected prime minister, he will βunite our country for freedom.β
NDP Leader Jagmeet Singh, who supported Trudeauβs invocation of the Emergencies Act, was asked Tuesday if he regrets backing the government. Singh said his party was always reluctant in its support.
βFrom the beginning, we've said, and we maintain that the reason we were in that crisis was a direct failure of Justin Trudeau, his leadership, and also other levels of government that failed to act to take the challenge presented seriously,β Singh said.
βI understand there will be an appeal of that ruling, and we will follow closely to see the outcome of that appeal,β he said.
Emergencies act ruling βsets a precedentβ: professor
University of Ottawa associate professor of criminology Michael Kempa told ΒιΆΉΣ°ΚΣ the Federal Court decision β unlike that of the Public Order Emergency Commission under Rouleau β is βlegally binding.β
βAnywhere we go from here, this sets a legal precedent,β he said. βIt does make the government vulnerable.β
Kempa also pointed out similarities between Mosleyβs assessment and Rouleauβs, namely that certain municipalities and their law enforcement agencies failed to act to dismantle the protests.
βThey did not use the powers that were at their disposal to properly manage the freedom convoy protests, which started off completely legal, and ultimately did spiral into certain problems,β he said. βThe difference is Rouleau says that that failure to act justified the federal government stepping in with the Emergencies Act, whereas the Federal Court now says failure to use powers that are on the books is not a reason to invoke the most extreme power in the country, which is the Emergencies Act.β
With files from ΒιΆΉΣ°ΚΣβ Annie Bergeron-Oliver and CTVNews.caβs Senior Digital Parliamentary Reporter Rachel Aiello
IN DEPTH
Jagmeet Singh pulls NDP out of deal with Trudeau Liberals, takes aim at Poilievre Conservatives
NDP Leader Jagmeet Singh has pulled his party out of the supply-and-confidence agreement that had been helping keep Prime Minister Justin Trudeau's minority Liberals in power.
'Not the result we wanted': Trudeau responds after surprise Conservative byelection win in Liberal stronghold
Conservative candidate Don Stewart winning the closely-watched Toronto-St. Paul's federal byelection, and delivering a stunning upset to Justin Trudeau's candidate Leslie Church in the long-time Liberal riding, has sent political shockwaves through both parties.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau governmentβs three-week travelling pony-show, the 2024 federal budget takes aim at reversing the partyβs popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldnβt be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Conservatives call on Elon Musk to step in after Liberals provide loan to Ottawa-based satellite operator
A $2.14-billion federal loan for an Ottawa-based satellite operator has Canadian politicians arguing about whether American billionaire Elon Musk poses a national security risk.
'Ticking time bomb': Those who raised suspicions about Trump suspect question if enough was done
The more Chelsea Walsh talked to the eccentric fellow American who seemed to pop up in every square and cobblestone street of Ukraine's capital, the more she got creeped out.
A northern Ontario man is facing a $12,000 fine after illegally shooting a moose near the Batchawan River.
Kids are inhaling 'Galaxy Gas' to get high. Hereβs what parents should know
For some young people, a popular method for getting a quick high is by misusing laughing gas β and lately, thatβs in the form of nitrous oxide from products sold by the company Galaxy Gas.
Trump appeals to women in return to North Carolina without Mark Robinson, a top in-state supporter
Donald Trump returned to North Carolina on Saturday, stumping in the southern battleground state with direct appeals to women, claiming he would be a better champion for them than U.S. Vice President Kamala Harris, who is vying to become the first female president.
Police have arrested an 18-year-old woman who allegedly stole a Porsche and then ran over its owner in an incident that was captured on video.
Cards Against Humanity sues Elon Musk's SpaceX over alleged trespassing in Texas
The maker of the popular party game Cards Against Humanity is accusing Elon Musk's SpaceX of trespassing on and damaging a plot of vacant land the company owns in Texas.
Kamala Harris accepts CNN debate invitation for Oct. 23, challenging Trump to another showdown
U.S. Vice President Kamala Harris on Saturday accepted an invitation from CNN to debate former President Donald Trump on October 23, challenging her rival to another engagement on a public stage in the final weeks of the campaign.
A body has been found in the vicinity where a woman went missing on the Ottawa River near Pembroke, Ont. while kayaking Tuesday night, according to the Ontario Provincial Police (OPP).
Local Spotlight
Cole Haas is more than just an avid fan of the F.W. Johnson Wildcats football team. He's a fixture on the sidelines, a source of encouragement, and a beloved member of the team.
Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.
An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.
They say a dog is a manβs best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.
A growing group of brides and wedding photographers from across the province say they have been taken for tens of thousands of dollars by a Barrie, Ont. wedding photographer.
Paleontologists from the Royal B.C. Museum have uncovered "a trove of extraordinary fossils" high in the mountains of northern B.C., the museum announced Thursday.
The search for a missing ancient 28-year-old chocolate donkey ended with a tragic discovery Wednesday.
The Royal Canadian Mounted Police is celebrating an important milestone in the organization's history: 50 years since the first women joined the force.
It's been a whirlwind of joyful events for a northern Ontario couple who just welcomed a baby into their family and won the $70 million Lotto Max jackpot last month.