Fri. Mar 1st, 2024

The Canadian Civil Liberties Association (CCLA) has won its bet: the Federal Court rules in its favor regarding its constitutional appeal concerning the Measures Act emergency, which she describes as unreasonable and unconstitutional.

The Emergency Measures Act was illegitimate

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The protest and occupation of Ottawa by truckers lasted almost a month in early 2022. (File photo)

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In a decision of which Radio-Canada obtained a copy, the court rules that the government's decision to declare the legislation in February 2022 was unreasonable, ultra vires< /em> (without rights, Editor's note) and that the measures violated article 8 of the Charter against unreasonable searches or seizures.

The Association argued in court during hearings last April that the federal government had acted unreasonably and unjustified by invoking the Emergency Measures Act in February 2022 to end the siege in the capital

At the time, a demonstration by truckers who opposed health measures against COVID-19 had attracted demonstrators who harbored a variety of grievances against Prime Minister Justin Trudeau.

The occupation of the city center of the federal capital had forced traders to close their shops while many residents complained of noise, pollution and harassment from some protesters.

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The occupation of the city center took place from January 29 to February 20, 2022. (File photo)

< p class="StyledBodyHtmlParagraph-sc-48221190-4 hnvfyV">In a sweeping verdict of nearly 200 pages, Federal Court Judge Richard Mosley said the situation created by the protests did not reach the emergency threshold required to use the Emergency Measures Act.

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He writes in particular that the law requires that there be an emergency resulting from threats to the security of Canada that are so serious that they constitute a national emergency to declare a state of emergency. emergency relating to public order.

The magistrate recalls that the legislator relies on the definition of threats to the security of Canada data provided by the Canadian Security Intelligence Service (CSIS).

I conclude that the decision [to proclaim a state of emergency] did not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and that it was not justified in relation to the relevant factual and legal constraints which had to be taken into consideration, he continues.

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The Canadian Civil Liberties Association argued that it was unjustified to resort to the Emergencies Act. (Archive photo)

It was the CCLA that led the charge against the federal government in this case. The Federal Court, however, rejects in its judgment the arguments of other participants in this case.

CCLA lawyers argued that the demonstration in no way represented a threat to national security as the government claimed within the meaning of the definition used in the Canadian Security Intelligence Service Act.

Lawyers for the federal government initially tried, in vain, to derail the hearings by claiming that the case had become obsolete with the revocation of the extraordinary legislation.

They further argued that the legislation was only in force for nine days and was necessary to restore order and safely reopen the country. ;access to border crossings that were blocked, such as at the Ambassador Bridge in Windsor.

More details to come.< /p>

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