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Magadh Today - Beyond Headlines > Latest News > Global > Invoking Emergency Act during freedom convoy unjustified : Canada federal court rules
GlobalCanada

Invoking Emergency Act during freedom convoy unjustified : Canada federal court rules

Gulshan Kumar
Last updated: 2024/01/24 at 1:01 PM
By Gulshan Kumar 2 years ago
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Ottawa: The federal government’s use of the Emergencies Act during the Freedom Convoy protests two years ago was unreasonable and unjustified, a Canada’s federal court has ruled.

Federal Court Justice Richard Mosley, in one of four rulings released on Tuesday, said  prime minister Justin Trudeau led liberal government didn’t meet the legal standard for invoking the Emergencies Act and that it infringed the protesters’ constitutional rights.

“I have concluded that the decision to issue the Proclamation (of the Emergencies Act) does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration,” he wrote in the judgements.

Justice Mosley said while he didn’t reach a decision at the outset of the legal proceedings, he initially viewed the government invoking the Emergencies Act to put an end to the protests as reasonable.

“I considered the events that occurred in Ottawa and other locations in January and February 2022 went beyond legitimate protest and reflected an unacceptable breakdown of public order,” he wrote. “I had and continue to have considerable sympathy for those in government who were confronted with this situation. Had I been at their tables at that time, I may have agreed that it was necessary to invoke the Act.”

The protests called for the end of vaccine mandates in Canada during the COVID-19 pandemic.

However, Mosley ruled that the legal arguments the government used “to declare a public order emergency were not satisfied.”

Prime Minister Justin Trudeau invoked the Emergencies Act on Feb. 14, 2022, to “end border blockades and the occupation of downtown Ottawa by so-called ‘Freedom Convoy’ protesters” that began as a demonstration by truck drivers on Parliament Hill at the end of January 2022.

The Emergencies Act also allowed financial institutions to freeze bank accounts associated with leaders of the Freedom Convoy.

Police forces in Ottawa and along the border began to arrest protesters and clear out parked vehicles days later.

The Justice Centre for Constitutional Freedoms, a legal advocacy group which provided lawyers to the protesters, hailed the judge’s ruling. “This is a great victory for democracy, for Charter rights and freedoms, and for the rule of law,” Justice Centre President John Carpay said in a statement.

Canada’s Deputy Prime Minister Chrystia Freeland said the government respectfully disagrees with the decision and will appeal.

In February 2023, the Canada’s Public Order Emergency Commission, which carries out a mandatory review after invocation of the Emergencies Act, found the government met the very high legal standard for using the law.

 

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