'There just wasn't evidence': Mark Joseph breaks down Emergencies Act ruling
'It was an inherently political decision to invoke the Emergencies Act,' said Joseph. 'There just wasn’t evidence… of serious use or threat of violence.'
On Friday’s special livestream, Sheila Gunn Reid, Tamara Lich, and Chris Barber were joined by Mark Joseph, director of litigation for The Democracy Fund, to discuss the Federal Court of Appeal’s ruling on what they deemed the unconstitutional invocation of the Emergencies Act during the 2022 Freedom Convoy.
Joseph admitted that he had been cynical about receiving a favourable outcome, but shared his pleasant surprise at the ruling.
“It was an inherently political decision to invoke the Emergencies Act,” he said. “The problem for the government is that the courts are going to apply a legal analysis to that internal discussion that led to that decision, and Justice Mosley found that it wasn’t reasonable… There just wasn’t evidence… of serious use or threat of violence.”
He went on: “The protest was kind of a… characteristically Canadian protest and then a characteristically bumbled overreaction to that protest… There is a disconnect here with the Canadian government’s response. You don’t send out the troops in that sort of situation.”
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COMMENTS
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Bruce Atchison commented 2026-01-19 22:55:40 -0500I do wish there weren’t consequences for politicians that would put the fear of the public into them. For abusing their power, they should lose their cushy pensions. As it is, they just escape with only ignominy.
