Federal Court rules Trudeau was Wrong to use the Emergency Act

 

Im no lawyer, but I’m Canadian and thought I would bring this up.

In a lengthy ruling published Tuesday, Federal Court Justice Richard Mosley found that though the Freedom Convoy protests in early 2022 were causing harm to Canada’s economy, trade and commerce, they did not rise to the level of a threat to national security as defined by the law.

I have tried to read some of the decision. The judge who admits that he was initially in favor of the Act’s invoking at the time, admits now that he believes it was an over reaction, and that all signs indicated the provinces were already shutting down the protests without any bloodshed.

“I have concluded that the decision to issue the Proclamation (of the Emergencies Act) does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified,” Mosley wrote.

Personally I have thought that Trudeau just wanted to emulate his father…  And also didnt want to give Premier Ford the win of clearing out the Ottawa protestors peacefully.  He brought in a bunch of cops from northern Quebec to bust Anglo heads.

On the same day, Deputy Prime Minister Chrystia Freeland said the government did not agree with Mosley’s decision and promised to appeal it.

The judge reads like an old 70s era liberal and was very pro-public interests groups.  The decision has been an interesting read.

https://theccf.ca/wp-content/uploads/EA-challenge-fed-court-reasons-FINAL.pdf

https://nationalpost.com/news/canada/liberal-governments-invoking-of-emergencies-act-during-freedom-convoy-unreasonable-unjustified-ruling

Published in General
This post was promoted to the Main Feed at the recommendation of Ricochet members. Like this post? Want to comment? Join Ricochet’s community of conservatives and be part of the conversation. Join Ricochet for Free.

There are 30 comments.

Become a member to join the conversation. Or sign in if you're already a member.
  1. kedavis Coolidge
    kedavis
    @kedavis

    Too bad these things rarely come in any sort of timely fashion to make any difference.

    • #1
  2. carcat74 Member
    carcat74
    @carcat74

    So — will Trudeau and the Canadians pols who helped him, have to pay ‘reparations’ to the truckers, etc., who had their trucks impounded, their homes raided, bank accounts frozen, arrested — anything?  It took two years plus for this judgement to come down, and how have the people impacted the most (don’t say the truckers weren’t the most impacted!), fared since then?

    • #2
  3. GLDIII Purveyor of Splendid Malpropisms Reagan
    GLDIII Purveyor of Splendid Malpropisms
    @GLDIII

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    • #3
  4. MWD B612 "Dawg" Inactive
    MWD B612 "Dawg"
    @danok1

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    Pretty sure either Pierre or Fidel works for TWW.

    • #4
  5. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    kedavis (View Comment):

    Too bad these things rarely come in any sort of timely fashion to make any difference.

    Indeed

    • #5
  6. Percival Thatcher
    Percival
    @Percival

    A ruling without consequence or result.

    • #6
  7. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    carcat74 (View Comment):

    So — will Trudeau and the Canadians pols who helped him, have to pay ‘reparations’ to the truckers, etc., who had their trucks impounded, their homes raided, bank accounts frozen, arrested — anything? It took two years plus for this judgement to come down, and how have the people impacted the most (don’t say the truckers weren’t the most impacted!), fared since then?

    I do believe this result will lead to the government being vulnerable to being sued by those who were injured by the bank seizures.  But Im not a legal expert.

    • #7
  8. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    No.  I don.. I looked into it.  The timelines dont work out.  Pierre is his father.  

    • #8
  9. DonG (CAGW is a Scam) Coolidge
    DonG (CAGW is a Scam)
    @DonG

    kedavis (View Comment):

    Too bad these things rarely come in any sort of timely fashion to make any difference.

    Justice delayed is justice denied.  The story of the 2020 over and over again.

    • #9
  10. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    From one of the Lawyers involved in the case.

     

    Now that the Federal Court has held that the Emergencies Act order freezing bank accounts unjustifiably violated the Charter, those affected can consider bringing claims against the government seeking damages for Charter breaches, pursuant to section 24(1) of the Charter.

     

    • #10
  11. GLDIII Purveyor of Splendid Malpropisms Reagan
    GLDIII Purveyor of Splendid Malpropisms
    @GLDIII

    ToryWarWriter (View Comment):

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    No. I don.. I looked into it. The timelines dont work out. Pierre is his father.

    Can you be sure?

    We won’t even discuss the dictatorial behavioral parallels. 

    Oak tree….acorn.

    • #11
  12. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter (View Comment):

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    No. I don.. I looked into it. The timelines dont work out. Pierre is his father.

    Can you be sure?

    We won’t even discuss the dictatorial behavioral parallels.

    Oak tree….acorn.

    Those who talk like that forget Pierre easily.

     

    Yes Im sure.  The first time Pierre and his wife met Castro WAS 5 YEARS after Justin was born.

    There are publicity photos of Justin on the trip with his parents and two brothers.

    • #12
  13. DonG (CAGW is a Scam) Coolidge
    DonG (CAGW is a Scam)
    @DonG

    ToryWarWriter (View Comment):
    The timelines dont work out.  Pierre is his father.

    How is that?   I heard the Ma and Pa Trudeau were swingers in Cuba.  Is this a picture of baby Justin with his Mommy and bio-daddy?

    Justin Trudeau to travel to Cuba, retracing some of his father’s ...

    It is actually baby brother Michel.

    • #13
  14. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    DonG (CAGW is a Scam) (View Comment):

    ToryWarWriter (View Comment):
    The timelines dont work out. Pierre is his father.

    How is that? I heard the Ma and Pa Trudeau were swingers in Cuba. Is this a picture of baby Justin with his bio-daddy?

    Justin Trudeau to travel to Cuba, retracing some of his father’s ...

    Nope.  Thats a picture of Justins younger brother.  Who was also on the trip.

    Do I think his mother banged Castro sure.  But it was after Justin and his two brothers were born.  Check the ages check the timeline.  

    • #14
  15. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    As the story unfolds heres a great moment in the judges decision.

     

    When cross-examined by CCF Counsel Sujit Choudhry, Prime Minister Justin Trudeau said that Cabinet made the decision that the definition of threats to the security of Canada existed based on a novel legal opinion. The prime minister refused to make that legal opinion public.

    He declared nation wide martial law on a ‘novel legal opinion’ he wont share with the PUBLIC?

    What utter bunk.  I would love for him to make that argument before the Supreme Court.  Yeah I see a series of failed appeals in the governments future.

    • #15
  16. Percival Thatcher
    Percival
    @Percival

    Justin, I have a novel legal opinion that the money in your wallet belongs to me. Hand it over. Don’t make me declare a State of Emergency.

    • #16
  17. Nathanael Ferguson Contributor
    Nathanael Ferguson
    @NathanaelFerguson

    Lock him up! 

    • #17
  18. Full Size Tabby Member
    Full Size Tabby
    @FullSizeTabby

    Assuming the decision holds on appeal, one of the effects of such a decision is the prospective effect of making the government hesitant to repeat the wrongful action. Thus an effect of the decision should be to cause the government to hesitate before again invoking the Emergencies Act. But, that presumes a government willing to listen to the courts. 

    Here in the United States, the current Biden administration of the government has said it will ignore court rulings it does not like. The Biden Administration directed the government to act blatantly counter to a United States Supreme Court ruling on student loan “forgiveness.”

    So, if the government is willing to ignore the courts, a court ruling has even more limited effect than does the fact that court rulings against the government do little to nothing to restore the past harm the government caused. 

    • #18
  19. MWD B612 "Dawg" Inactive
    MWD B612 "Dawg"
    @danok1

    ToryWarWriter (View Comment):

    As the story unfolds heres a great moment in the judges decision.

     

    When cross-examined by CCF Counsel Sujit Choudhry, Prime Minister Justin Trudeau said that Cabinet made the decision that the definition of threats to the security of Canada existed based on a novel legal opinion. The prime minister refused to make that legal opinion public.

    He declared nation wide martial law on a ‘novel legal opinion’ he wont share with the PUBLIC?

    What utter bunk. I would love for him to make that argument before the Supreme Court. Yeah I see a series of failed appeals in the governments future.

    What would happen after said string of failed appeals?

    • #19
  20. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    Full Size Tabby (View Comment):

    Assuming the decision holds on appeal, one of the effects of such a decision is the prospective effect of making the government hesitant to repeat the wrongful action. Thus an effect of the decision should be to cause the government to hesitate before again invoking the Emergencies Act. But, that presumes a government willing to listen to the courts.

    Here in the United States, the current Biden administration of the government has said it will ignore court rulings it does not like. The Biden Administration directed the government to act blatantly counter to a United States Supreme Court ruling on student loan “forgiveness.”

    So, if the government is willing to ignore the courts, a court ruling has even more limited effect than does the fact that court rulings against the government do little to nothing to restore the past harm the government caused.

    Our government still tends to respect the rule of law.  We have the not withstanding clause of course but it doesnt pertain here cause the act is no longer in force.

    • #20
  21. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    MWD B612 "Dawg" (View Comment):

    ToryWarWriter (View Comment):

    As the story unfolds heres a great moment in the judges decision.

     

    When cross-examined by CCF Counsel Sujit Choudhry, Prime Minister Justin Trudeau said that Cabinet made the decision that the definition of threats to the security of Canada existed based on a novel legal opinion. The prime minister refused to make that legal opinion public.

    He declared nation wide martial law on a ‘novel legal opinion’ he wont share with the PUBLIC?

    What utter bunk. I would love for him to make that argument before the Supreme Court. Yeah I see a series of failed appeals in the governments future.

    What would happen after said string of failed appeals?

    The government and the banks would be subject to lawsuits for damages.  

    • #21
  22. OccupantCDN Coolidge
    OccupantCDN
    @OccupantCDN

    Trudeau could have diffused the situation on Day 1 – IF he had the Nerve.

    All he had to do, was go out in to the crowd (even with a security detail) and shake a few hands, and talk to people. Protesters want to be heard – let them know they’ve been heard and it’ll take some of the bite out of the protest…Instead he hid behind a false covid claim and left the city.,,

    A mob intent on overthrowing the government dont bring BBQs, bouncy castles and hot tubs…There never was a threat to national security.

    • #22
  23. Barfly Member
    Barfly
    @Barfly

    ToryWarWriter (View Comment):

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    No. I don.. I looked into it. The timelines dont work out. Pierre is his father.

    Yes they do. Pierre shopped Margaret to Fidel.

    • #23
  24. GLDIII Purveyor of Splendid Malpropisms Reagan
    GLDIII Purveyor of Splendid Malpropisms
    @GLDIII

    Barfly (View Comment):

    ToryWarWriter (View Comment):

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    No. I don.. I looked into it. The timelines dont work out. Pierre is his father.

    Yes they do. Pierre shopped Margaret to Fidel.

    Until there is a conclusive DNA test, I will continue to suspect that he is the progeny of the Fidel the “Bearded One”.

    • #24
  25. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    Barfly (View Comment):

    ToryWarWriter (View Comment):

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    No. I don.. I looked into it. The timelines dont work out. Pierre is his father.

    Yes they do. Pierre shopped Margaret to Fidel.

    No they dont.  Justin was 5 YEARS old when his parents met Fidel.  He and his two brothers went on the trip.  The one his mother keeps holding is the one who died in an avalanche.

    DO! SOME! BASIC! RESEARCH!

    • #25
  26. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    ToryWarWriter (View Comment):

    Barfly (View Comment):

    ToryWarWriter (View Comment):

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    No. I don.. I looked into it. The timelines dont work out. Pierre is his father.

    Yes they do. Pierre shopped Margaret to Fidel.

    No they dont. Justin was 5 YEARS old when his parents met Fidel. He and his two brothers went on the trip. The one his mother keeps holding is the one who died in an avalanche.

    DO! SOME! BASIC! RESEARCH!

    I don’t know why this is such an issue. I trust David

    • #26
  27. OccupantCDN Coolidge
    OccupantCDN
    @OccupantCDN

    Its fun to think about, and fun to joke about, but really Fidel is not Justine’s daddy. IF that were the case, you’d think that Justine would be made of sterner stuff, than to be a powder puff, washed up drama teacher… (part time)

    It is a family of cuckolds,  but Fidel dodged a bullet there…

    • #27
  28. OccupantCDN Coolidge
    OccupantCDN
    @OccupantCDN

    Percival (View Comment):

    A ruling without consequence or result.

    Agreed. Maybe if they went to jail for violating people’s rights, they’d take it a lot more seriously.

    • #28
  29. Barfly Member
    Barfly
    @Barfly

    ToryWarWriter (View Comment):

    Barfly (View Comment):

    ToryWarWriter (View Comment):

    GLDIII Purveyor of Splendid Ma… (View Comment):

    ToryWarWriter: Personally I have thought that Trudeau just wanted to emulate his father.

    You mean Castro, right?

    No. I don.. I looked into it. The timelines dont work out. Pierre is his father.

    Yes they do. Pierre shopped Margaret to Fidel.

    No they dont. Justin was 5 YEARS old when his parents met Fidel. He and his two brothers went on the trip. The one his mother keeps holding is the one who died in an avalanche.

    DO! SOME! BASIC! RESEARCH!

    Oh come on. What did you look into, official Canadian travel records or Wikipedia? The Trudeaus were in the Caribbean in early ’71. There’s not going to be an official record, but there’s too much evidence to ignore.

    • #29
  30. The Reticulator Member
    The Reticulator
    @TheReticulator

    Barfly (View Comment):

    Oh come on. What did you look into, official Canadian travel records or Wikipedia? The Trudeaus were in the Caribbean in early ’71. There’s not going to be an official record, but there’s too much evidence to ignore.

    Each of them has hair, two eyes, a nose, a mouth.  Dead ringers for each other.

    • #30
Become a member to join the conversation. Or sign in if you're already a member.