HomeOpinionsJudge rules Justin Trudeau's use of the Emergencies Act illegal

Judge rules Justin Trudeau’s use of the Emergencies Act illegal

Justin Trudeau infringed the Charter of Rights and Freedom of all Canadians in one foul swoop with the illegal use of the Emergencies Act.

Today Canadians all across the country have been vindicated with Honourable Justice Richard Mosley the Liberals use of the Emergencies Act being deemed illegal and unreasonable. The court set out to answer if the Proclamation was unreasonable and if the Regulations and Economic Order violated sections of the Charter of Rights and Freedoms.

“With respect to the first question, the Court considered the decision under the reasonableness standard of review and concluded that the answer was yes, the Proclamation was unreasonable and illegal (“ultra vires”) of the Act.” Justice Mosley wrote

The federal judge ruled a threat of “serious violence” for “the threshold of national emergency required by the Act was not met.”

The court found the Liberal governments supporting “evidence” to invoke the Emergencies Act “did not support a finding that the impugned activities reached that threshold.”

The Liberal government invoked the Emergencies Act across the country “despite the lack of evidence that it was necessary.” The judge also points to other provinces being “able to enforce the rule of law by applying the Criminal Code and other legislation.”

“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.” Justice Mosley wrote.

“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”

As for one of the other questions, the courts found the Liberal government infringed all Canadians Charter of Rights and Freedoms because the vaguely written orders couldn’t guarantee individuals rights to freedom of expression and peacefully protesting else where in the country.

“The Court found that the Regulations infringed the guarantee of freedom of
expression under s. 2(b), as they were overbroad in their application to persons who wished to protest but were not engaged in activities likely to lead to a breach of the peace.”

“The Economic Order infringed s. 8 of the Charter by permitting unreasonable search and seizure of the financial information of designated persons and the freezing of their bank and credit card accounts. The infringement of sections 2(b) and 8 of the Charter were found to be not minimally impairing, and could not, therefore, be justified under s. 1 of the Charter”

“The infringement of sections 2(b) and 8 of the Charter were found to be not minimally impairing, and could not, therefore, be justified under s. 1 of the Charter.”

At a media brief on Tuesday, Deputy Prime Minister Chrystia Freeland said the Trudeau “Liberal” government respects the federal courts ruling. However, instead of the government taking responsibility for breaking the law. Freeland said the government is going to waste millions of taxpayers dollars to fight against Canadians and the federal courts decision ruling in favor of the Charter of Rights and Freedoms.

Now is the time for the government to apologize to Canadians and admit it illegally used the Emergencies Act instead of making excuses and taking Canadians to war in the court system wasting more taxpayer dollars.

We need the opposite. The only way to discourage governments and politicians from acting badly is real consequences. Government and politicians need to be held accountable and face a punishment for breaking the law and infringing on the rights of Canadians.

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Jordan is a casual reporter for BC Rise


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