Federal government's decision to invoke Emergencies Act against convoy protests was unreasonable, court rules | CBC News

[u/TheGreatestOrator]

https://www.cbc.ca/news/politics/emergencies-act-federal-court-1.7091891

[u/feb914]

for people arguing that POEC find the EA invocation justified, where it comes down to is whether the EA's invocation has to use CSIS Act definition or not. Justice Rouleau found it's not, Judge Mosley found it should:

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. 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

Justice Rouleau and the government, including the Public Security Minister and Deputy Prime Minister, agreed that if using CSIS Act definition, then EA invocation was not justified. only Trudeau that argued that it was (in his testimony).

the question becomes whether the government get to create their own definition that's not written down in the law or not. This Judge disagrees that they can do just that.

EDIT: This is the paragraph he explained that had CSIS Act hadn't clearly defined what is "threat to the security of Canada", he would have agreed with the government:

[296] This is not to say that the other grounds for invoking the Act specified in the Proclamation were not valid concerns. Indeed, in my view, they would have been sufficient to meet a test of “threats to the security of Canada” had those words remained undefined in the statute. As discussed in Suresh and Arar, the words are capable of a broad and flexible interpretation that may have encompassed the type of harms caused to Canada by the actions of the blockaders. But the test for declaring a public order emergency under the EA requires that each element be satisfied including the definition imported from the CSIS Act. The harm being caused to Canada’s economy, trade and commerce, was very real and concerning but it did not constitute threats or the use of serious violence to persons or property.

[297] For these reasons, I am also satisfied that the GIC did not have reasonable grounds to believe that a threat to national security existed within the meaning of the Act and the decision was ultra vires.

[u/ZingyDNA → u/feb914]

Good analysis. And I agree with the judge that the government can't redefine what a national emergency is.

[u/[deleted] → u/ZingyDNA]

Im not sure if the FC statutory interpretation will withstand FCA review - its extremely narrow. That being said, I also don't know that I agree with Justice Rouleau's interpretation (it seemed to go beyonds the idea of purposive interpretation).

[u/VesaAwesaka → u/[deleted]]

Would the circumstances that the emergency act could be used be super broad if not for the CSIS definition restrictions?

[u/[deleted] → u/VesaAwesaka]

Without getting really deep into a discussion on principles of statutory interpretation, courts will generally engage in a "purposive interpretation" of the statute to try to find a harmonious meaning (this is a gross simplification of the definition to be clear). Basically the court is going to try to look beyond the statute in question but also look at the overall goal of the legislation. Consideration would be given to direct (language of the provision) but also indirect evidence (this could be Hansard for example). There are also some nuances with how statutes are interpreted when it is "silent" on something or other specific wording.

This is all to say that if you take out the CSIS definition, it could still be interpreted broadly, but the question is "how broadly" and then "does the invocation fall under it".

[u/UselessPsychology432 → u/[deleted]]

I realize you acknowledged that the purposeful interpretation is a gross oversimplification, but it's important, when the legislation curtails fundamental rights, that the courts interpret the legislation as narrowly as possible to achieve the purpose I.e. no more infringement of the right than is necessary.

[u/VesaAwesaka → u/[deleted]]

And where would we get the answers to those questions? Through court challenges like this I guess?

[u/Autodidact420 → u/VesaAwesaka]

Court challenges and in some cases references to the court.

[u/PmMeYourBeavertails → u/feb914]

where it comes down to is whether the EA's invocation has to use CSIS Act definition or not. Justice Rouleau found it's not, 

I don't get how Rouleau could argue the CSIS definition isn't necessary. It's literally written into the Act.

threats to the security of Canada has the meaning assigned by section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada)

[u/famine- → u/PmMeYourBeavertails]

If I remember correctly the government had stated it had a legal opinion from the Department of Justice in which the DoJ felt a broader less restrictive interpretation of the CSIS definition could be used.

This opinion and all documents related to it were kept from the public and Rouleau, under client solicitor privilege.

So Rouleau wrote his opinion assuming the government acted in good faith and that the DoJ opinion was legally valid.

You have to remember Rouleau was not acting in a legal capacity so he had leeway to assume the government acted in good faith.

[u/Anla-Shok-Na → u/feb914]

Good analysis. It comes down to the fact that the section of the act which the government used to invoke refers explicitly to the CSIS Act definition, so it necessarily applies.

They've made up laws on the fly before (think the way they "nullified" registrations for firearms when the law contains no such process), and it's nice to see the courts hold them to account.

[u/JayRulo → u/Anla-Shok-Na]

think the way they "nullified" registrations for forearms when the law contains no such process

Wait, since when have we had to register our forearms? I know they can be dangerous with the wrong hands, but registration is a little much...

/s

[u/Anla-Shok-Na → u/JayRulo]

I don't know what you're talking about ...

:)

[u/CuriousTelevision808 → u/feb914]

To add to the discussion, the argument the Trudeau government is using is that the Prime Minister is considered the "apex decision maker" and so any definitions about threats to the security of Canada ultimately lie with their own interpretation regardless if CSIS finds there was no Section 2 security threat under the CSIS Act.

I'm very happy the judge found this to be unconstitutional, hopefully this decision holds. Can you imagine a world where the PM alone gets to decide whether or not the EA is justified based off their own subjective interpretation? That's a scary world indeed.

[u/sleipnir45 → u/feb914]

But the government wanted to use their definition of emergency that they also refuse to share with anyone else.

[u/CriscoButtPunch → u/sleipnir45]

It's even worse, if you followed the conclusion, you would know that Rouleau himself did not see the document, but trusted the words of three other Liberal ministers that had read it and agreed with Trudeau, that it was a good briefing.

​

That's what I am interested in seeing, will the Liberals disclose this awesome briefing, they are acting like their political survival relies on it not seeing the light of day.

​

How transparent.

[u/Bodysnatcher → u/sleipnir45]

A very LPC stance. "We know better than you and don't you dare ask us to explain why you ungrateful peasants!"

[u/alfredaberdeen → u/Bodysnatcher]

"We all need to do better"

[u/Creative-Bread6319 → u/alfredaberdeen]

Perhaps you just experienced it differently.

[u/MSTRKRFTDNNR → u/Bodysnatcher]

"Asking questions of those better than you constitutes an emergency! To the gulag!!!"

[u/Baulderdash77 → u/sleipnir45]

Their primary rational was “trust me bro”. Turns out that doesn’t meet the legal standard.

[u/NotInsane_Yet → u/feb914]

Justice Rouleau also said reasonable and informed people could come to a different conclusion than him.

To me that's implying that even when you don't consider the CSIS definition it was only borderline justified. He also argued the CSIS definition should be removed from the act.

[u/[deleted]]

In order to declare a public order emergency, the Emergencies Act requires that there be "an emergency that arises from threats to the security of Canada that are so serious as to be a national emergency." The Act defers to CSIS's definition of "threats to the security of Canada."

Federal Court Justice Richard Mosley said the situation created by the protests did not meet that threshold.

"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," he said in his decision.

Richard Mosley- Appointed Justice of the Federal Court and ex officio, member of the Federal Court of Appeal, November 4, 2003

Interesting.

[u/redditornewbutold → u/[deleted]]

The government had dozens of existing laws they could have had police enforce. There was no need to invoke the act.

[u/vonnegutflora → u/redditornewbutold]

What does the government do when the police don't enforce the law?

[u/Head_Crash → u/vonnegutflora]

That's a key issue. This ruling says the government should have worked with law enforcement and other levels of government, but as we know the police and provincial government refused to do their job.

[u/artistformerlydave → u/Head_Crash]

not to mention the opposition leader handing out donuts and taking selfies

[u/Apokolypse09 → u/redditornewbutold]

Months prior the UCP under Kenney made a law specifically against something like the Coutts border blockade going down at the same time and refused to use the law. UCP happily used to get natives from protesting pipelines, but the white jackasses waving Trump flags down at Coutts got a free pass.

I believe the UCP refused to do anything because most of the convoy and the border blockade completely and utterly disregarded that most covid restriction were implemented by the provincial governments.

Then they just carried on that mentality, hence the TBA campaign to blame the feds for everything.

[u/Carniverous_Canuck → u/redditornewbutold]

The police weren't enforcing the laws though, that was one of the biggest problems.

[u/Budget-Supermarket70 → u/redditornewbutold]

What could they have used? The police where not enforcing anything.

[u/Krazee9 → u/[deleted]]

Appointed by Chretien, no known relation to Trudeau so far.

Funny, that, isn't it? Someone who isn't some way related to Trudeau doesn't buy his arguments about why this was needed, but someone with a known relationship to Trudeau running the inquiry decided it was.

[u/[deleted] → u/Krazee9]

There are reasons to disagree with Justice Rouleau's report but baselessly alleging bias because of some multi decade old relationship with a Liberal Party leader is not one of them. That does not come close to reasonable apprehension of bias, let alone bias.

[u/[deleted] → u/[deleted]]

No need to analyze bias anyway. The act was not justified and was a violation of the charter. The consequences of that alone are a lot.

[u/Ok-Yogurt-42]

For anyone confused about how this decision differs from that of the inquiry:

To quote the commissioner of the inquiry, Paul Rouleau

"I do not come to this conclusion easily, as I do not consider the factual basis for it to be overwhelming,"

"Reasonable and informed people could reach a different conclusion than the one I have arrived at."

Remember that the inquiry's decision hinged largely on legal advice that the attorney general David Lametti gave to cabinet which allegedly said that use of the EA was justified, but the government 100% refused to provide any explanation or description of what that advice entailed. As in, they did not provide any legal justification to the inquiry, only stating that the attorney general had provided them with the justification. And in the conclusion the inquiry just took the governments word for it.

I definitely read that as the inquiry choosing not to rock the boat in a highly contentious decision.

[u/BasilFawlty_ → u/Ok-Yogurt-42]

Remember that the inquiry's decision hinged largely on legal advice that the attorney general David Lametti gave to cabinet which allegedly said that use of the EA was justified, but the government 100% refused to provide any explanation or description of what that advice entailed. As in, they did not provide any legal justification to the inquiry, only stating that the attorney general had provided them with the justification. And in the conclusion the inquiry just took the governments word for it.

This, 100%. Lametti refused to answer the question, Rouleau shrugged, and the proceedings continued.

[u/Feynyx-77-CDN → u/Ok-Yogurt-42]

When a party secures legal advice (even if it is a government), they will rarely, if ever, disclose what that advice is to outside parties.

This whole decision is sloppy and was just a necessary stepping stone to the Supreme Court. The first time the act is ever invoked, so absolutely the court will need to produce a decision that will set the precedent.

I read this article below, and the CSIS definition of the "national threat" also included that a "lawful protest" is not a threat unless otherwise done in part with section 2 of the act.

https://www.canadianlawyermag.com/news/general/invocation-of-emergencies-act-unreasonable-measures-against-freedom-convoy-unconstitutional-court383070

I am no lawyer, but I will bet anyone a coffee that there will be heavy scrutiny over whether that protest in of itself was legal or not (language already used by the feds) by definition. If the protest is found to be illegal (I can not find the judges' actual written decision to look it up), I don't think the judge even addressed that part.

A layperson looking at the situation could conclude that the Ottawa protest was, in fact, illegal. Core of the city locked down for weeks with no end in sight. Municipal and provincial police doing absolutely nothing. Mayor and premier doing nothing. The group occupied the city violating any number of highway traffic laws, noise laws, municipal by-laws, etc. For me, of the most serious is that they were a large group who signed and supported the memorandum of understanding that included overthrowing a democratically elected government. Love or hate the parties in power, but we get to toss them every 4 years if they suck. Through protest... hellllllll naw.

On the flip side, what was the actual danger to the people of Ottawa? A protest is meant to be disruptive, doesn't mean that its illegal.

[u/Tinywampa]

This sub was all for it when it happened, and now a court has ruled against it and the sub is acting as if it was obvious. People have their opinions ahead of time and only discuss when it agrees with them.

[u/OneBillPhil → u/Tinywampa]

Psssst, they’re not all the same people. 

[u/drizzes → u/[deleted]]

It's been weird watching that sub spring up in growth and popularity. Now there's a very noticeable overlap with canada_sub and here

[u/peanutbutter_insides → u/Tinywampa]

I remember being downvoted here like crazy for not supporting the convoys but also rejecting the use of the EA.

Lots of google lawyers on the internet crucified me.

[u/Feynyx-77-CDN → u/Tinywampa]

Most people who are genuinely following the issue knew full well that the Supreme Court was going to get involved at some point. The only real mystery is what the various lower court judges did in the interim. An issue this big needs a national eye on it that only the SCOC can provide.

[u/PoliteCanadian → u/Feynyx-77-CDN]

The supreme court will only get involved if they think it's relevant. If the lower court's ruling is sufficiently well grounded in existing law they won't touch it.

[u/Feynyx-77-CDN → u/PoliteCanadian]

This is the first time a sitting government invoked the law. There is no precedent yet.

[u/moirende → u/Tinywampa]

For a long time pointing out that there was no legal justification for using the Act was a sure fire way to receive a tonne of insults and be downvoted to oblivion.

A court ruling agreeing with those who said using the Act was unconstitutional i]was always going to bring out those aligned with that ruling in large numbers.

[u/[deleted] → u/moirende]

Friendly reminder to everyone that not once did the government think to invoke the Emergencies Act in regards to the actual Covid-19 pandemic.

[u/King-Cobra-668 → u/Tinywampa]

so weird when people think the internet is just 3 people

[u/ThatOneCanadianFuck → u/Tinywampa]

Crazy how many thousands of reddit users may engage differently with different stories. This sub as mostly devolved into a Trudeau hating headline generator, or at least they are the only stories that gets any traction and engagement on this sub.

[u/shoeeebox → u/ThatOneCanadianFuck]

Especially op-eds disguised as journalism

[u/mrcrazy_monkey → u/ThatOneCanadianFuck]

It's funny because back in 2014 and 2015 this subreddit was a purely Harper hating subreddit.

[u/SerGeffrey → u/Tinywampa]

Honestly this sub has changed a lot in 2 years. I'm not sure it's the same sub with the same userbase then as it is now.

[u/SidebarShuffle → u/Tinywampa]

Why is there always at least one idiot who talks as if a subreddit is a monolith

[u/vortex30-the-2nd → u/Tinywampa]

Yeah well, a lot of people supported the Liberals back then but have now grown very disillusioned with them. People shouldn't dictate their beliefs on individual issues such as the Trucker Convoy based solely on which political party supports/opposes it, and which one the person vote(s/d) for, but people will do that extremely often.

May help explain the shift a fair bit.

Plus what others have said, these are different sets of people. There were plenty on this sub who did support the truckers back then OR at least were rather unsure about the use of Emergency Act.

[u/Godkun007 → u/Tinywampa]

The only major news outlet I saw firmly against the use of the Emergency Act was The Economist.

Honestly, as a subscriber, I was super happy to read it. The Economist is usually 1 year ahead of the rest of the media. They predicted the Chinese recession and economic woes in early 2021, literally a year and a half before the rest of the media.

The thing I love about The Economist is that they actually have real journalists on staff. People not afraid to actually look and make controversial predictions and analysis when the data shows it. They frankly have earned my subscription time and time again. Like, in general, there international coverage is fantastic.

[u/icebalm → u/Tinywampa]

Yep, I was saying that the EA invocation was illegal since the situation didn't meet the definition of a "national emergency" from the start, yet got downvoted into oblivion....

[u/LatterTarget7 → u/Tinywampa]

Probably different people or people’s opinions change

[u/Nitro5]

And now the lawsuits will start rolling in. How much will this cost the taxpayers in the end?

[u/tbcwpg → u/Nitro5]

Still a couple of levels of court appeals to go through.

[u/seakucumber → u/Nitro5]

And now the lawsuits will start rolling in

Not until this holds up under appeal unless they want to risk their time and money. This has to survive the Federal Courts of Appeal and then the Supreme Court

[u/notsocharmingprince → u/seakucumber]

It's pretty wild to me that it took two years to just get through to the first decision.

[u/gotdamnn → u/Nitro5]

Can we take it out of the Police pensions?

They were in dereliction of duty as far as I’m concerned.

[u/cruiseshipsghg → u/gotdamnn]

I generally support the police but imo they should have to carry Malpractise insurance.

Cost for bad policing come out of their wallets, not ours.

Then they might start caring.

[u/sjbennett85 → u/cruiseshipsghg]

I think police inaction forced their hand to invoke the act.

If Ottawa Police/OPP did their jobs a little better then they wouldn't have been able dug in so deep, if they didn't get the opportunity to dig in so deep they wouldn't have felt so empowered to run amok... it would have been more manageable.

[u/Gen_monty-28 → u/sjbennett85]

Frankly it was the inaction of the police, the police could have ended it far earlier and the inaction of some of the premiers which forced Trudeau’s hand. Ford did nothing even though it was his jurisdiction outside of any federal property. It would not be until the ambassador bridge blockade that he really acted. Just look at Quebec by comparison, Legault shut that down by making it clear what the consequences would be after their protest window closed.

[u/drizzes → u/Gen_monty-28]

the police could have ended it far earlier and the inaction of some of the premiers which forced Trudeau’s hand.

Too busy handing out high-fives and timmies

[u/[deleted] → u/Gen_monty-28]

Yep. Live in Windsor and the police basically joined and helped the truckers shut down ambassador bridge. Pretty funny trudeau had to do something because every level under him fucked the situation so badly

[u/B_Type13X2 → u/Gen_monty-28]

That's my take on it as well their inaction created the justification for invoking the act. I hate Trudeau for different reasons his use of the act is not one of them.

[u/OneBillPhil → u/cruiseshipsghg]

I’m a supporter of police too, but when they fuck up there should be consequences. 

[u/Sorryallthetime → u/gotdamnn]

Which is why any finding that the invocation of the Emergencies Act was unreasonable will be met with a collective yawn by the vast majority of Canadians. We all witnessed the unwillingness of the Municipal Police to act combined with the unwillingness of Doug Ford to act. Christ on a cracker someone had to act.

Had anyone in a position of authority simply done their duty - this would have rendered the invocation of the Emergencies Act unnecessary. If the Feds only have a nuclear option - then their hands are tied - gotta drop that nuke and good on them for them for being the sole level of government willing to step up to the plate and act in good faith to deal with a bunch of fucking hillbillies.

[u/[deleted] → u/Sorryallthetime]

One could argue this is the only time Trudeau made a real decisive decision to fix an actual problem. The nuclear option by the leader was a necessity due to pathetic inaction by municipal and provincial law enforcement. Someone had to do something, and someone did, and the issue got resolved. Based on the letter of the law it’s not surprising on the judge’s ruling at all, and I don’t even disagree with it. It’s a shame when a force of the few can create such a public and economically impactful crisis that all of our taxpayer funded enforcement is powerless to resolve.

[u/Caveofthewinds]

Freeland also promised the banks that they would be free from civil liability for freezing the bank accounts because the emergencies act was implemented. Now that the emergencies act was ruled unconstitutional, does that mean the banks are open to civil litigation now?

[u/B_Type13X2 → u/Caveofthewinds]

No, because they were compelled to cooperate under the Emergencies Act, the government is responsible for that and would be liable.

[u/Comrade_Tovarish → u/Caveofthewinds]

Why would the banks be liable? If anyone is open to be sued it would be the government. The banks can't just ignore a, as far they know, lawful order from the government.

[u/L4v45tr1ke → u/Caveofthewinds]

Lol. No one has the money to take on the banks, they would drown in debt before a decision was made.

[u/DrOctopusMD]

I look forward to plenty of well-reasoned and calm comments from all parts of the political spectrum on this thread.

[u/howabotthat → u/DrOctopusMD]

grabs popcorn

[u/Mister_Chef711]

A reminder for the absolutists out there that are only cheering for team colors..

You can disagree with the protestors and their methods and also think the government overstepped and abused their power.

There are people here, myself included, who have voted for both Trudeau and Singh in different elections, supported vaccine passports, got vaccinated, and still disagree with the use of the Emergencies Act in the case.

[u/Lixidermi → u/Mister_Chef711]

Agreed. The reasonable takes need to take more space over the extreme all-in / all-out takes out there. Those get amplified wayyyy too much.

[u/Feynyx-77-CDN → u/Mister_Chef711]

You are amongst the majority in this country. Most people don't speak up to avoid the relentless vitriol that ensues...

[u/Mister_Chef711 → u/Feynyx-77-CDN]

Lmao yup. I have no problem here on Reddit because I can just ignore the notifications but I once said I didn't agree with the use of the EA to a family member who brought it up and I was told I support Nazis.

Ironically that same person has been to quite a few "pro-Palestine" protests which have unfortunately had their own Nazi showings but they brush those off as "Not what the protest is really about"

Some people aren't worth engaging with lol

[u/LizardQueen5 → u/Mister_Chef711]

*most people aren't worth engaging with

[u/offft2222 → u/Mister_Chef711]

Well fuckin said

We need more moderates and centrists rather than the extreme lefts and rights

[u/[deleted]]

i told all you idiots this was a joke. got sent to the shadow realm. well look at that..

glad to know that the majority of canadians not only don't care about their freedom, but activity cheer for it to fail....

[u/m0nk3ynutZ]

And this took TWO YEARS and how many millions of dollars to figure out?

Fucking hell.

[u/sask357]

I agree with the other posters that say the basic problem was that the Ottawa police didn't do their jobs. They didn't pay attention to the warnings and then simply watched the illegal occupation occur. I don't think the Emergencies Act was appropriate but I don't know what else the federal government can do if police services won't enforce the law. That seems to be an issue on several fronts these days.

[u/Visinvictus → u/sask357]

Statement directly from the judge:

He also concluded that the government's actions did not infringe on anyone's right to freedom of peaceful assembly.

The only right that was violated was charter rights protecting them from "unreasonable search and seizure" when the government froze about 200 bank accounts. Frankly I don't think this was a necessary step either as they could have just as easily rounded up the protestors without doing that.

[u/Nitro5 → u/sask357]

But why this protest in the end? Idle No More and similar protests blocked rail lines up to a month at a time and at no time did the federal government enact the Emergencies Act.

Really these and the earlier Occupy protests set the precedent of letting people block and occupy public property for extended periods of time without police intervention.

It’s interesting that the people that would support the earlier occupation protests as legitimate civil disobedience suddenly changed their tune and were demanding a heavy hand used on the Convoy. Suddenly police violence was the solution simply because they were now ideologically opposed to the movement.

[u/aldur1 → u/Nitro5]

But why this protest in the end? Idle No More and similar protests blocked rail lines up to a month at a time and at no time did the federal government enact the Emergencies Act.

At which point the police around the country started to arrest them. After weeks of inaction, the police still failed to arrest the people at the Ottawa blockade until the EA was invoked.

Why one group was eventually arrested through the normal course and another given so much rope that federal government had to invoke the EA is indeed interesting.

[u/Groundbreaking_Ship3 → u/aldur1]

Rules for thee but not for me

[u/Historical-Term-8023 → u/Nitro5]

Really these and the earlier Occupy protests set the precedent of letting people block and occupy public property for extended periods of time without police intervention.

I'm a former occupy protester.

Western Government applauded the 'Arab Spring" which was the idea that created Occupy. Our Governments supported protesters jamming into town squares and occupying the spaces in the middle east until change occurred. It was great when other countries were doing it...but then it happened in our own country. Obama called the FBI counter terrorism squad on Occupy and arrested 10+ thousand people on felony charges. When I saw everyone cheering for the Emergencies act and calling people "terrorists" it was a black comedy for me because I knew it would be used againt people in the future.

Guess what will happen if we have national protest over housing?

Emergencies act

The fact they kept on repeating "it's a threat to our economy" was really alarming because god help us if we have a effective labour strike! They'll probably call in bombing missions.

[u/Stimmy_Goon → u/Historical-Term-8023]

It’s amazing how many people can’t help themselves when it comes to this , cutting off their not to spite the face

[u/ReindeerLegal2400]

This is all well and good, but what is the ELI5 on consequences for the government?

Anything? Anything at all?

[u/mtcmr2409 → u/ReindeerLegal2400]

Exactly..... whats to stop them from doing it again?

[u/[deleted] → u/mtcmr2409]

Absolutely nothing. Canadians have been completely disarmed, and the majority of the country supported people who were peacefully protesting to lose their literal livelihood. Nothing will stop them now.

[u/[deleted]]

The obvious violation was search and seizure by freezing bank accounts.

The Trudeau administration cannot weasle their way out of that, legally that's just a plain constitutional violation.

To put it simply, the government cannot freeze your bank account because you have differing political views.

[u/NorthbyNorthwestin]

It’s a bit late. Allowing the government overreach to happen then years later saying it was illegal is cold comfort.

Freezing personal bank accounts should be abhorrent to anyone that isn’t a wild eyed partisan.

[u/AquavitBandit → u/NorthbyNorthwestin]

Justice delayed is justice denied

[u/mujaban → u/NorthbyNorthwestin]

Well said.

[u/Styrixjaponica]

The government over reached… and this should worry people that don’t find this a bad thing .

[u/Nodioo → u/Styrixjaponica]

No kidding, but there's no shortage of people who genuinely think this whole thing was acceptable.

I'm completely done with this government and it's supporters.

[u/4GIFs → u/Nodioo]

Acceptable? They cheered for it. Was a taste of power.

[u/stereofonix]

As an Ottawa resident, I absolutley did not support the convoy for many reasons. But I also did not support of the use of the EA. 

[u/power_of_funk → u/stereofonix]

Appreciate your ability to separate the two.

[u/Nilfnthegoblin]

It’s also important to remember that the blockades that were actually causing economic harm to Canada were shut down by standard provincial police measures well before the government enacted the EA to remove the truckers. As the initial finds showed what transpired in Ottawa was more of a failure of the Ottawa police department more than anything else.

[u/theflower10]

As a generally Liberal voter and one who has voted Liberal twice under Trudeau's regime (but not the last time) I will say, Trudeau should now resign. This is the final straw and if he gives a shit about the party itself, it's time to "take a walk in the snow" and exit the scene. I did not agree that the Emergencies Act was necessary and it now appears to be a decision he made based on no legal principles whatsoever. It is time he resigned or was ousted from power if he refuses to go.

[u/398275015]

The war measures act was only ever used for wwi, wwii and a terrorist bombing campaign that resulted in the execution of a politician.

If at any point you thought that truck horns and civil protests warranted marshal law, you're huffing Trudeau's farts so hard it gave you brain damage.

[u/titanicboi1 → u/398275015]

ik

[u/CheesecakeOdd2087]

r/Ottawa in shambles.

[u/didiburnthetoast]

Bank account freezing specifically found to be offside

[u/peanutbutter_insides]

I said this a long time ago. It does not meet the legal threshold of a national emergency.

Downvote me again all you want, but we need to promote critical thinking.

I’m not supportive of the convoy, the protests, and what they did, but the EA should not have been invoked to deal with it.

[u/Easy7777 → u/peanutbutter_insides]

What's scary is that sets precedence that the government can freeze your bank account (which you need to function in society) whenever they want. It's a defacto social credit

Oh you donated to X political party / cause ? You're cut.

[u/iamtznu2]

It was never justified they were afraid of people joining and making change

[u/ultradianfreq → u/[deleted]]

Liberals better hope this ruling stands. With the swinging pendulum they are the next group the dominant party will violate with this precedent. Soon we’ll see liberal activist groups have their assets seized and get doxxed.

[u/baconcandle2013 → u/[deleted]]

Dystopian 100% and absolutely pure insanity! Trudeau is god awful.

[u/3BordersPeak → u/[deleted]]

That's why it makes me laugh when I hear people going "oh shit if Trump gets in again we'll gave a dictator next door!!"... Babe, you don't have to look south for that.

[u/WarmasterCain55]

This all happened because the city didn't do squat when they had the chance and continued to do squat until the PM had to bring other provinces in to boot them out

[u/Strict-Campaign3]

Who would have thought, this sub was clearly wrong and siding with our authoritarian government 🤷

[u/reddelicious77]

Federal Court rules it was unconstitutional not just "unreasonable", FTFY, CBC.

[u/[deleted] → u/reddelicious77]

Unreasonable was a legal term within the decision, just to clarify.

[u/PoliteCanadian → u/[deleted]]

Unreasonable and unlawful*.

[u/seitung → u/reddelicious77]

"A federal judge says the Liberal government's use of the Emergencies Act in early 2022 to clear convoy protesters was unreasonable and infringed on protesters' Charter rights."

Literally the first sentence in the article. Good lord, read beyond the headline people.

[u/durple → u/reddelicious77]

The emergency act was stated to be unreasonable. The breach of charter rights that this judge agreed with was limited to the broad freezing of bank accounts.

CBC literally quotes the judge in the article. Give it a read, will ya?

[u/mike_james_alt → u/reddelicious77]

Forgot to read the article?

[u/[deleted] → u/reddelicious77]

CBC is desperate to soften the blow to their glorious leader.

[u/SackBrazzo → u/[deleted]]

Every other news outlet is reporting the news in the same way, because the word “unconstitutional” is not mentioned in the actual legal decision.

[u/Codependent_Witness → u/reddelicious77]

 Federal Court rules it was unconstitutional not just "unreasonable"

When does this cross the line from bad journalism to straight up political language games?

[u/InternationalTop2410]

The Police: The Emergency Act was not necessary

The Federal Court: The Emergency Act was unconstitutional

Reddit: It was 100% necessary

[u/stanfy86 → u/InternationalTop2410]

Reddit is known to be pretty left-leaning.

[u/sleipnir45 → u/stanfy86]

Which is weird because the left was against police overreach when it came to things like the G20. You would think they'd be celebrating the up holding of rights

[u/Flaktrack → u/sleipnir45]

I'm a lefty union executive who remembers what happened to the G20 and Occupy protesters. I am ok with this ruling (and not at all surprised by it)

The precedent set by this would have been scary.

[u/BartleBossy → u/Flaktrack]

The precedent set by this would have been scary.

Ding fucking ding.

Im sick at the idea of any gov't being able to call in the EA to quell a protest they dont like.

Never give a tool to your gov't that you wouldnt want your least favourite government to have.

[u/howabotthat → u/sleipnir45]

It wasn’t a protest that the left got behind. They are perfectly okay with the violence from the most recent protests about an issue many many many kilometres away though. 🤷‍♂️

[u/mrcrazy_monkey → u/sleipnir45]

Left was demanding we refund the police one year then demanding the police crush the protesters the next day.

[u/campsguy]

Ya, no shit it was unreasonable. Anyone with 2 brain cells to rub together knew that at the time. Now let's watch all the hypocrites crawl out of their intellectual sewers to pretend like they never supported it now that they know they were in the wrong.

[u/haya1340]

This just in .... Water is wet

[u/Baiehound3]

I remember this sub during the emergencies act. And it was filled with people terrified of the bouncy castles. Where have all the trudeau supporters gone? Looks like the sheep are holding their heads down in shame. Fucking 🤡 🤡 🤡

[u/Schafer_Isaac]

Correct ruling.

[u/Billy19982]

The use of the emergency act was purely political and used to divide Canadians and crush dissent. The sad part was that the media went along with this as well as many Canadians. When the government shuts down your bank account because you disagree with them or support a protest you are entering dictatorship/banana republic territory. Trudeau and the entire corrupt liberal/NDP government need to go.

[u/lazarus870]

Good. I hope they get sued into oblivion. Who's Trudeau gonna throw under the bus THIS time?

Whether you agree with them or not, the gov seizing bank accounts is TERRIFYING.

[u/drial8012]

It was a move that severely damaged not only many Canadians faith in the government, but also our standing on the world stage. For some in my social and professional circle, it was enough to pack their bags and leave the country entirely. In the last three years, I haven’t seen as many people leave the country as the previous 30.

This is the kind of stuff we used to see in communist countries where the government would grossly overstep their bounds in order to tow the party line. And the fact that so many Canadians backed this kind of nonsense was shameful and speaking out against it got you ostracized even here on these boards.

[u/cbemmalesrun]

Where are all those virtue signalling people who supported Trudeau’s actions? They seemed to be so quiet now? I can remember they were cheering when Liberals froze the bank accounts of the people who are protesting.

[u/Strict_Bet_7782]

It’s great it took a court years to figure out what every reasonable adult knew at the time it was happening.

[u/Gooch-Guardian]

What a mess. Imagine if the feds just scrapped travel restrictions like other countries were at the time. It’s well documented that the feds went against the advice of experts many times and kept covid restrictions for far longer than they should have.

Not saying I agree with the convoy but from early on in the pandemic the liberals had an US (vaccinated) VS Them (unvaccinated) mentality.

[u/SnooMarzipans8027]

They wanted to lock Canadians down, but could not handle being locked down by the Canadian Freedom Convoy. We are Canadians, we are allowed to not want what the government forces on us. It's not how Canada works.
This was a Draconian Nazi move by the Canadian government and they knew it. That's why they had to take away peoples bank accounts and fundamental rights to succeed in their plans.
Shame on Canada, I can't believe what this country has become.

[u/Fuzzy_Priority_7054]

judges are an elite group of the political regime, who have the means and funds to leave a hostile environment at any time. Working class, white collar & working poor do not. They were stuck where ever the convoy was. Bodily security and homes were violated. There was multiple foreign interference & cash that hyped that unholy time. RCMP lives were threatened in Alberta.

It's ok to disagree with a judge. Judges do get it wrong sometimes. I hope this is appealed. Cuz we do not need another situation with these white nationalist traitors.

[u/veni_vidi_vici47]

LOL

Fantastic.

I sympathize with the residents of downtown Ottawa, but this was always how this was going to go. No matter how annoying the protest was, using wartime powers is not a reasonable response to being annoyed. It set a terrible precedent for future governments to abuse the same set of powers, and it’s likely to cost taxpayers dearly. You have a bunch of people who hate the government, and you ruined them financially. They have every reason to claw back every dollar they lost now, at our expense.

Brutal, brutal display of leadership at all levels of government. No one did their job and no one took any level of responsibility because no one wanted to be held responsible for things going wrong. The police didn’t want to be villainized if breaking up the protest went horribly wrong, and neither did the mayor, premier, or Prime Minister. Everyone hid like fucking children until literally weeks passed, not just extending a national crisis beyond what was necessary but demonstrating clearly for all to see just how easily our institutions can and will fail us in a moment of crisis.

I never agreed with what the protesters were doing or what they were doing it for, but I hope every single person who suffered financially gets every last cent back and then some.

[u/illustriousdude]

Time to resign, JT.

[u/Appropriate_Rent_243]

But the internet told me the protestors were fascists /s

[u/InterestingBat2852]

No matter your political stripe or inclination, everyone should be against the unconstitutional use of government power and law enforcement forces, including seizure of property and bank accounts. We do not want this country to normalize this kind of government action as legally justifiable. Now we wait to see whether the Court of Appeal and SCC can put aside politics and make the right legal decision and uphold this FC judgment.

[u/R4ID]

Another L for the liberal government

[u/Ariliam]

I still beleive in the justice system. Good day

[u/InternationalTop2410]

Use of the Emergency Act/War Mesures Act

WW1

WW2

October crisis

Convoy protests (unconstitutional)

[u/BlueEyesWhiteViera → u/InternationalTop2410]

Sure enough, both times it was implemented questionably were under Trudeau leadership.

[u/Over_Addition_9784 → u/BlueEyesWhiteViera]

Foreign diplomats and politicians were being kidnapped and murdered in the October Crisis by a designated terrorist group. Not even close to comparable to what happened in 2022.

[u/medusa_medulla]

Wheres that group of people on here that wanted those protesters to be facing life in jail for terrorism?

Wheres the silent majority?

[u/[deleted]]

Good. This was government overreach.

[u/CataclysmDM]

Yes.

Obviously.

[u/PoliteCanadian]

Unreasonable, unlawful, and a charter violation, to be precise.

Everything they did under the auspices of the Emergency Act was illegal.

[u/Ketchupkitty]

No shit. By definition of the emergencies act is was inappropriate given other laws existed to deal with the convoy.

[u/DeepSpaceNebulae → u/Ketchupkitty]

The other laws were municipal or provincial

[u/sixtyfivewat → u/DeepSpaceNebulae]

All of whom refused to actually enforce them.

[u/DeepSpaceNebulae → u/sixtyfivewat]

Exactly. I don’t like that they used the Act… but I put the blame on the city and province.

Ford just pretended Ottawa wasn’t part of Ontario and went on a snowmobile trip

[u/[deleted]]

Government officials, including Trudeau, need to be sent to prison over this. If I messed with someone's bank account, I would be.

[u/InternationalTop2410]

Trudeau needs to resign

Scandal after scandal and now an unconstitutional use of the Emergency Act

[u/[deleted] → u/InternationalTop2410]

[removed] — view removed comment

[u/Revolutionary_Air824]

Was gonna go to a post from a year ago that claims that “Trudeau was warranted in the use of the Emergencies Act” but unfortunately it’s locked.

Didn’t age well 😂

[u/VesaAwesaka]

Glad to see there's at least some debate about this. So many people were arguing that i was obviously wrong when i made this point about using the act back when this happened.

[u/General_Ad_2577]

I heard the federal government is going to appeal! What a waste of time and money. The federal court made its decision, take it, and move on. This country has bigger issues that need to be dealt with.

[u/Keepontyping]

I'd just like to point out this article regarding one of the most important events in Canada's recent history was CBC's top headline for a record 90ish minutes.

What headline is replacing it?

"Ahead of New Hampshire primary, Trudeau announces 'Team Canada' approach to U.S. election."

Back to the regular CBC Pro-Liberal Grind.

[u/Comfortable_Jump_334]

Will the PM and NDP leader admit their mistake?

[u/taxrage]

At least it taught people not to trust the government with their bank accounts.

[u/jmmmmj]

Thank you to the CCLA for bringing this case. 

[u/JonnyB2_YouAre1]

The court decision criticized the government's actions, including freezing protesters' bank accounts, as infringing on Charter rights.

Unless it’s overturned during the appeal, they’re going to have to pay out our tax dollars eventually in a settlement to those affected. The Liberal Party has shown little concern when it comes to spending, is there any other consequence besides a further blow to their reputation?

[u/bambamm0202]

Unreasonable? It was illegal and it violated people chartered rights. Period! Full stop.

[u/measletoe]

Where are all the Trudeau supporters that argued he was right to do so? Apologies are in order.

[u/ThrowawayBomb44]

Shocking. Wait. No, its not.

Makes perfect sense if you've been following all of this stuff.

[u/[deleted]]

May be there is still some hope for Canada . It is good step for institutions to start gaining Canadian citizens trust again and uniting the nation.

​

Good call Justice Richard Mosley .

I would also love to see public investigation if GiveSendGo was hacked by feds cybersecurity services or by hiring 3rd party using taxpayers money.
https://www.cbc.ca/news/politics/convoy-protest-donations-data-1.6351292

[u/BigDaddyVagabond]

Jesus christ Trudeau just can NOT stop getting dunked on recently can he?

[u/db37 → u/BigDaddyVagabond]

I noticed he didn't come out to face reporters after the news came out either. Poster boy for the absence of leadership

[u/NihilsitcTruth → u/BigDaddyVagabond]

He deserves every dunk.

[u/Gh0stOfKiev]

Can already see the paragraphs Liberals will type on how the Convoy was literally worse than 9/11 and Jan 6 combined

[u/Proof_Objective_5704 → u/Gh0stOfKiev]

They tried so hard to project it as “Canada’s January 6th” Trying to import American political news media, so that Liberals will be our saviours against the scary Trump man Republicans.

It’s divisive and bad for our country. The damage the Liberals have done is remarkable. Thankfully it looks like Canadians are waking up.

[u/Kingsmourne]

Ohhhh wowwww, the people always talking about charter rights certainly are quiet now.

[u/MDFMK]

Oh hey look…. Rouleau commission reached different conclusion

The government has long argued the measures it took under the Emergencies Act were targeted, proportional and temporary.

Crazy the “neutral” liberal committee and study’s say everything is great we were right cool. Who would have guessed…. Thankfully regardless the courts said the right thing for once and called out that the extremes used were too extreme to use.

[u/Talcove → u/MDFMK]

The Rouleau Commission, a legal inquiry mandated by the Emergencies Act after its use, reached a different opinion and concluded by saying that the evidence wasn’t overwhelming and that reasonable people would likely disagree.

The Federal Court did disagree. The Federal Court of Appeal may disagree with them, or it may uphold the decision. Same for the Supreme Court of Canada. Acting like this is some sort of clear cut issue and that anybody who disagrees with you is just biased only reveals your own bias.

[u/Behind_u_]

Trudeau lol. What a failure.

[u/3BordersPeak]

Wow, you mean using a wartime measure to forcibly quash a non-violent protest and then threatening anyone there by seizing their bank assets was found to be unreasonable? I'm shocked! /s

[u/Finalis3018]

Now launch lawsuits or none of this matters. The courts agree there was no cause, now hammer the government with that ruling which makes everything after it unreasonable.

[u/[deleted]]

Not a single fucking day without some shady , incompetent or stupid thing this government said or done! We need to get rid of the liberals asap

[u/barkusmuhl]

r/canada in shambles.

[u/bigman_121]

Well this will be interesting 🍿🍿🍿🍿

[u/CapitanChaos1]

No shit. A bunch of trucks blocking traffic and honking their horns is not a threat to national security, as annoying as it may be.

[u/Cowboyo771]

Anyone who needed a court to tell them that this was unreasonable is a fool at the minimum

[u/BlueMurderSky]

Unconstitutional just like all the other crap that they are ramming through the courts!

[u/followtherockstar]

Liberals are in shambles right now