(Canadian Press)

By Canadian Press, Eli J. Ridder

Judge rules federal use of Emergencies Act unreasonable, Medicine Hat MP calls it ‘wise decision’

Jan 23, 2024 | 11:55 AM

A judge ruled Tuesday it was unreasonable for the Liberal government to use the Emergencies Act to quell “Freedom Convoy” protests in Ottawa and at key border points two years ago.

While the Liberals plan to appeal the decision, sending it to the Supreme Court, Medicine Hat-Cardston-Warner MP Glen Motz said he supports the ruling.

“It was a wise decision,” Motz told CHAT News at a city event.

“There will be significant fallout from this in the days, weeks and months to come,” he said, adding he plans to read through the full ruling in the coming days.

Federal Court Justice Richard Mosley ruled the use of the act unreasonable in the face of the factual and legal context.

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“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,” Mosley wrote.

The Canadian Civil Liberties Association and several other groups and individuals had argued in court that Ottawa ushered in the emergency measures without sound statutory grounds.

The government contended the steps taken to deal with the pan-Canadian turmoil were targeted, proportional, time-limited and compliant with the Charter of Rights and Freedoms.

The 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.

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

‘DISAPPOINTED’

In a joint statement, Premier Danielle Smith and Justice Minister Mickey Amery said it has been clear that the use of the Act violated the constitutionally-guaranteed rights of Albertans and gave the federal government the ability to seize property without due process of law.

“This court decision reaffirms that regulations under the act violated charter rights to freedom of expression and that the orders infringed upon the rights of Albertans, and Canadians, to be free from unreasonable search and seizure,” the statement said.

Smith and Amery added that it is another example of the federal court ruling against Ottawa’s “unconstitutional practices.”

“Whether it’s this court decision or their defeat on plastics or the Impact Assessment Act, it is clear the federal government simply does not understand or respect the Constitution of Canada,” Smith and Amery said.

“We are disappointed that the federal government has indicated it will be appealing the decision. The unnecessary use of the Emergencies Act set a dark and dangerous precedent, and if the federal government will not acknowledge that fact, Alberta will continue to champion the charter rights of Albertans and all Canadians.”

The provincial officials extended their gratitude to the Canadian Constitution Foundation and the Canadian Civil Liberties Association, as well as other parties, for getting involved in this legal challenge.

EMERGENCY ACT

In early February 2022, downtown Ottawa was filled with protesters, many in large trucks that rolled into the city beginning in late January.

Ostensibly a demonstration against COVID-19 health restrictions, the gathering attracted people with a variety of grievances against Prime Minister Justin Trudeau and the Liberal government.

The usually calm streets around Parliament Hill were beset by blaring rig horns, diesel fumes, makeshift encampments and even a hot tub and bouncy castle as participants settled in.

The influx of people, including some with roots in the far-right movement, prompted many businesses to close temporarily, and aggravated residents with noise, pollution and harassing behaviour.

Public anger mounted over a lack of enforcement action by Ottawa police.

Meanwhile, trucks clogged key border crossings, including key routes to the United States at Windsor, Ont., and Coutts, Alta.

On Feb. 14, the government invoked the Emergencies Act, which allowed for temporary measures including regulation and prohibition of public assemblies, the designation of secure places, direction to banks to freeze assets and a ban on support for participants.

It was the first time the law had been used since it replaced the War Measures Act in 1988.

In a Feb. 15 letter to premiers, Trudeau said the federal government believed it had reached a point “where there is a national emergency arising from threats to Canada’s security.”

The civil liberties association maintained that legal threshold was not met.

The Federal Court hearing included others who filed actions contesting use of the emergency measures: the Canadian Constitution Foundation, Canadian Frontline Nurses and Kristen Nagle, and individuals Jeremiah Jost, Edward Cornell, Vincent Gircys and Harold Ristau.

— with files from the Canadian Press