GOLDSTEIN: How the Liberals broke the law while claiming to defend it |
It’s easy to see why the Carney government wants to overturn the unanimous decision by a three-judge panel of the Federal Court of Appeal condemning the Trudeau government’s use of the Emergencies Act (EA) during the trucker convoy demonstrations in February 2022.
The appeal court’s Jan. 16 ruling – upholding the 2024 judgment of Justice Richard Mosley that the government’s actions were unconstitutional and unlawful– is a devastating indictment of what the Liberal government did, reflecting many of the arguments made by the protesters.
GOLDSTEIN: How the Liberals broke the law while claiming to defend it Back to video
The feds, having lost twice in court on this issue, are now appealing to the Supreme Court of Canada, saying they must have “the tools needed to protect the safety and security of Canadians in the face of threats to public order and national security.”
(In 2023, Justice Paul Rouleau, head of the public inquiry into the government’s use of the EA, concluded it was justified, but added he did so with reluctance, because the factual basis for its use was not “overwhelming,” and, “reasonable and informed people could reach a different conclusion.”)
The Supreme Court has yet to decide whether to hear the government’s appeal.
Appeal court ruling upholds Justice Mosley’s findings
As things stand, here are the conclusions of the appeal court’s ruling upholding Justice Mosley’s findings.
“The Federal Court of Appeal confirms that the federal government’s invocation of the EA was unreasonable and ultra vires (beyond their legal authority), and that it infringed paragraph 2(b) and section 8 of the Canadian........