The Court has found Prime Minister Justin Trudeau's decision to deploy the Emergencies Act during the "freedom convoy" protests as unwarranted. The protests, which brought Ottawa and various border crossings to a standstill in 2022, were met with a stern governmental response aimed at dismantling the blockade by restricting financial and logistical support to the demonstrators.
The government "cannot invoke the Emergencies Act because it is convenient, or because it may work better than other tools at their disposal or available to the provinces," stated Justice Richard Mosley labeling the government's action as "unreasonable."
The government's move to use the Emergencies Act was initially defended as a necessary response to what was termed an illegal occupation, particularly stressing the disruptions at critical border points like Coutts, Alberta, and Windsor, Ontario.
However, the court's assessment suggests that existing legal frameworks at both federal and provincial levels were sufficient to address the crisis.
This decision comes as a setback to Trudeau's government, which now faces legal and public scrutiny over its handling of the protests against Covid-19 restrictions and vaccine mandates.
Finance Minister Chrystia Freeland announced plans to appeal the court's ruling, indicating the government's steadfast belief in its actions.
The use of the Emergencies Act, which grants broad powers to the federal government, was deemed by the court as a measure of last resort. The ruling emphasized that convenience or a preference for the act's tools over available legal mechanisms does not constitute a legitimate basis for its invocation.
This judicial rebuke aligns with the arguments presented by civil liberties groups, which contested the government's approach as unnecessary and unconstitutional. These groups, including the Canadian Civil Liberties Association and the Canadian Constitution Foundation, have hailed the decision as a victory for constitutional rights and civil liberties.