Trudeau’s Attack on Canada’s Freedom Convoy Declared “Unconstitutional”

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Trudeau’s Attack on Canada's Freedom Convoy Declared “Unconstitutional” - Encounter Today - Blog

Canada’s Prime Minister Justin Trudeau invoked the Emergencies Act for the first time in Canadian history to crack down on the Freedom Convoy in 2022. The use of this law has been deemed “unconstitutional” and “unreasonable” by Canada’s Federal Court.

The Emergencies Act is a national security law that was used to arrest leaders of the Freedom Convoy whilst providing an avenue for authorities to search and seize the property of those involved in the anti-lockdown demonstration in the nation’s capital on January 28, 2022. The invocation of the Act also led to the government working with banks to freeze the protester’s accounts and conscript tow truck drivers as peaceful assemblies were deemed illegal by Trudeau’s government.

“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,” wrote Justice Richard G. Mosley in his ruling.

Deputy Prime Minister Chrystia Freeland says the government will appeal the Federal Court’s decision which found the Emergencies Act was invoked unconstitutionally, claiming it was the ‘right’ and ‘necessary’ response to the 2022 Freedom Convoy protest.

“We are aware of the court decision,” Deputy Prime Minister Chrystia Freeland told reporters at a press conference. “We have discussed it with the prime minister, with cabinet colleagues, with senior federal government officials and experts.”

Justice Mosley also wrote that “In my view, there can be only one reasonable interpretation of EA sections 3 and 17 and paragraph 2(c) of the CSIS Act and the Applicants have established that the legal constraints on the discretion of the GIC to declare a public order emergency were not satisfied.”

The decision follows an application for judicial review requested by the Canadian Constitution Foundation, the Canadian Civil Liberties Association, and various other applicants who came together to challenge the federal government’s use of the law.

According to Mosley, Trudeau’s regulations had violated Charter rights – particularly against freedom of thought, opinion and expression. The Emergencies Act order was also found to infringe on the right to security against unreasonable search and seizure.

“It is declared that the decision to issue the Proclamation and the association Regulations and Order was unreasonable and ultra vires the Emergencies Act,” reads the ruling.

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