On January 23, 2024, Justice Richard Mosley of the Federal Court of Canada ruled that the Trudeau government’s invocation of the Emergencies Act in February 2022—to end the Freedom Convoy protests—was unreasonable and violated the Canadian Charter of Rights and Freedoms.
Key Points from the Ruling:
– The court found that the legal threshold for invoking the Emergencies Act was not met.
– Justice Mosley stated that the government failed to demonstrate a “threat to the security of Canada” as required by the Act.
– He ruled that the measures imposed (such as freezing bank accounts) were unconstitutional, violating the rights to liberty and security under Section 7 of the Charter.
Government Response:
– Prime Minister Justin Trudeau and Deputy PM Chrystia Freeland defended their decision, stating that it was necessary to restore order.
– The federal government appealed the decision, meaning the case could go to a higher court for review.
Context of the Emergencies Act Invocation:
– The Emergencies Act was invoked on February 14, 2022, to end weeks-long protests in Ottawa and at key border crossings.
– It allowed the government to ban public assembly, freeze bank accounts, and compel tow truck companies to remove vehicles.
Justice Mosley’s decision has reignited debates over civil liberties, government overreach, and the use of emergency powers in Canada.