OTTAWA, Ontario (LifeSiteNews) — The Canadian Federal Court has announced that the Trudeau government’s use of the Emergencies Act was ‘not justified’ and a violation of the Charter of Rights and Freedoms.
On January 23, Federal Court Justice Richard Mosley ruled that Prime Minister Justin Trudeau was ‘not justified’ in invoking the Emergency Act (EA) to shut down the 2022 Freedom Convoy which protested COVID regulations and vaccine mandates.
“Having found that the infringements of Charter sections 2(b) and 8 were not minimally impairing, I find that they were not justified under section 1,” Mosley wrote.
“I have concluded that the decision to issue the Proclamation 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.”
According to the ruling, the EA is meant to be reserved as a last resort if all other means fail. It cannot be invoked unless all other measures have been exhausted.
Furthermore, the ruling pointed out that there were other means to end the protest, such as provisions in the Criminal Code, which the province of Alberta had argued at the time.
The decision stated that, in addition to being an unnecessary measure, the EA had violated Canadians’ Charter rights, specifically infringing on freedom of thought, opinion, and expression.
The Freedom Convoy protest took place in early 2022 in Ottawa and featured thousands of Canadians calling for an end to COVID mandates by camping outside Parliament in Ottawa.
In response, Prime Minister Justin Trudeau’s federal government enacted the EA on February 14, 2022 to shut down the popular movement. The measures included freezing the bank accounts of Canadians who donated to the protest.
READ: Court puts Freedom Convoy leaders’ trial on hold after resuming for just one day in the new year
Trudeau had disparaged unvaccinated Canadians, saying those opposing his measures were of a “small, fringe minority” who hold “unacceptable views” and do not “represent the views of Canadians who have been there for each other.”
Trudeau revoked the EA on February 23 after the protesters had been cleared out. At the time, seven of Canada’s 10 provinces opposed Trudeau’s use of the EA .
Additionally, several organizations, including the Canadian Civil Liberties Foundation, the CCF, the Canadian Frontline Nurses, four private applicants, lawyers for the Alberta Government, legally challenged Trudeau’s invoking of the measure.
They have now won their case, a decision immediately celebrated by Canadians on social media.
Conservative Party leader Pierre Poilievre called for Trudeau to be ‘fired.’ He argued that the current Prime Minister “caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens.”
“As PM, I will unite our country for freedom,” he promised.
BREAKING: Judge rules Trudeau broke the highest law in the land with the Emergencies Act.
He caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens. As PM, I will unite our country for freedom.
Sign here to fire Trudeau and unite… pic.twitter.com/k7d9VxozCK
— Pierre Poilievre (@PierrePoilievre) January 23, 2024
Similarly, Justice Centre for Constitutional Freedoms lawyer Eva Chipiuk wrote, “This is big! What does it mean for the federal government, elected officials and all those disparaged and defamed protestors, I do not know. But this is big news!”
“Do not be afraid to stand up to your government,” she encouraged. “In fact, it is your job as a citizen in democracy. Your voice matters, don’t let anyone tell you otherwise.”
🚨MAJOR NEWS!!!!🚨
The Federal Court of Canada just ruled the invocation of the Emergencies Act ultra vires. In other words, it was an abuse of power, discriminatory, unconstitutional, beyond the legal power or authority, unlawful, illegal, etc, etc, etc!!!!
This is big! What… pic.twitter.com/P9qp3qBiUS
— Eva Chipiuk, BSc, LLB, LLM (@echipiuk) January 23, 2024
Additionally, the National Citizens Coalition celebrated the ruling, saying, “Trudeau and Freeland’s Emergencies Act was always ‘unreasonable.’ And of course they violated the Charter. Today’s judicial ruling is a win for all freedom-loving Canadians.”
NEW: Trudeau and Freeland’s Emergencies Act was always “unreasonable.”
And of course they violated the Charter.
Today’s judicial ruling is a win for all freedom-loving Canadians. pic.twitter.com/lHXFJ81R4u
— National Citizens Coalition (@NatCitizens) January 23, 2024
In response, Liberal Deputy Prime Minister and Finance Minister Chrystia Freeland announced the Trudeau government disagreed with the ruling and planns to appeal the decision.
It’s amazing how quickly the smile on her face has disappeared. The Feds now want to appeal the Federal Court ruling on The Emergencies Act. This vindictive Government will never admit they were wrong & they are blind to how this makes them look. pic.twitter.com/bXmNbabIYp
— Ryan Gerritsen🇨🇦🇳🇱 (@ryangerritsen) January 23, 2024