A court in Canada has determined that the actions of Justin Trudeau’s government were not appropriate when they utilized extensive authority to disband protest blockades, referred to by the prime minister as “unlawful and hazardous,” throughout the country in 2019.
On Tuesday, a federal court ruled that the government’s use of the Emergencies Act during the freedom convoy protests was not warranted given the necessary factual and legal considerations.
Justice Richard Mosley stated in his ruling that the action taken was deemed “unreasonable” and resulted in a violation of Canada’s charter of rights and freedoms.
In February of 2022, individuals who drive trucks and their allies took over Ottawa, the capital city of Canada, for almost four weeks in a demonstration against public health mandates surrounding the COVID-19 outbreak. Demonstrators also obstructed important entry points at the border with the United States.
Trudeau utilized the 1988 Emergencies Act, which has never been used before in Canada, to grant the federal government extensive authority. This includes the power to prohibit gatherings at specific places and halt crowdfunding initiatives that aim to aid the protest.
The prime minister stated that the restrictions will have a limited duration and will only be enforced in certain geographical areas. He clarified that the right to peaceful protest will not be impeded, and assured that the military will not be involved. He emphasized that the use of these measures will be rare and only used as a final option.
In February of last year, a public inquiry determined that the government’s use of the Act was justified.
The CCLA and the Canadian Constitution Foundation filed for a judicial review, contending that the government’s implementation of the Emergencies Act violated the country’s charter of rights and freedoms.
The attorney representing the CCLA, Ewa Krajewska, admitted prior to the federal court’s ruling that the protests and the government’s actions to disperse them were a distant recollection for many.
“The timing of when the act can be invoked is significant,” she stated.
The federal court’s ruling aims to provide clarification on when future governments may use the act, but Trudeau’s opponents quickly seized upon the decision.
The Conservative leader, Pierre Poilievre, posted on social media that a judge has declared Trudeau’s actions in invoking the Emergencies Act to be a violation of the highest law in the country. Poilievre also stated that Trudeau’s divisive actions led to the crisis and that he further violated citizens’ Charter rights by suppressing them illegally.
The Conservative party is currently leading in polls, significantly ahead of Trudeau’s Liberal party, in anticipation of next year’s election.
Justice Mosley acknowledged that he had access to more information than government officials did when they made the decision that sparked controversy. However, he still determined that Trudeau’s government did not have enough justification.
After the court’s ruling, Deputy Prime Minister Chrystia Freeland announced that the federal government will challenge the decision, reiterating their support for invoking the act.
She stated that the safety of Canadians was in danger and that our national security, including our economic security, was at risk. She also mentioned that it was a difficult choice to make.
Source: theguardian.com
