Canadian Truckers' Challenge to Trudeau's Orwellian Crackdown Throws Out Constitutional Ruling
The Canadian Federal Court has ruled that Prime Minister Justin Trudeau's use of the Emergencies Act in 2022 was unconstitutional. The decision, detailed in the document 'EA-challenge-fed-court-reasons-FINAL.pdf', follows an application for judicial review, requested by the Canadian Constitution Foundation, the Canadian Civil Liberties Association, and various other applicants.
The court found that Trudeau's regulations violated Charter rights, particularly the rights against freedom of thought, opinion, and expression. The Emergencies Act order was also found to infringe on the right to security against unreasonable search and seizure, as it allowed the government to freeze the bank accounts of protesters and conscript tow truck drivers, among other measures.
Justice Richard G. Mosley wrote the ruling, stating that the Emergencies Act order was not justified in relation to the relevant factual and legal constraints. The court concluded that the decision to issue the Proclamation did not meet the standards of reasonableness, transparency, and intelligibility.
The court also found that the Regulations infringed section 2 (b) of the Charter, which guarantees freedom of thought, expression, peaceable assembly, and association. Furthermore, the Order infringed section 8 of the Charter, which protects against unreasonable search and seizure.
The government's use of emergency measures was aimed at quelling Freedom Convoy protests in Ottawa, which led to objections from the applicants. Parliament cannot use the Emergencies Act as a tool of convenience, as it did in this case, according to the court's ruling.
The Trudeau government has announced its plans to appeal the ruling. The government bases its appeal on the argument that the invocation of the Emergencies Act in 2022 was lawful and necessary to restore public order during the truckers' protests, asserting that the Federal Court erred in its constitutional interpretation.
This ruling marks a significant milestone in the ongoing debate about the use of emergency powers and civil liberties in Canada. The full details of the ruling can be found in the document 'EA-challenge-fed-court-reasons-FINAL.pdf'.
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