Court ruling on Trudeau’s prorogation order expected next month
The prime minister cannot approve new spending on border security—and avoid a trade war—without support from the House of Commons. That cannot happen with Parliament prorogued until March 24.
Canada’s Federal Court will render a decision on prorogation prior to Parliament sitting next month, though a specific date remains unknown.
“The stakes are too high and too many Canadians are suffering as a result,” Eva Chipiuk, a Barrister and Solicitor, wrote in a post to social media last month.
Crucial hearings last week followed a motion to reverse prorogation after outgoing Prime Minister Justin Trudeau complained of infighting within the Liberal Party.
THREAD: Why the UK Supreme Court overturned Boris Johnson’s prorogation of Parliament
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
1️⃣ What Precipitated It?
In 2019, the UK was in a constitutional crisis over Brexit. With the Oct. 31 deadline looming, Boris Johnson’s government was struggling to push through its no-deal…
Five years ago, the UK Supreme Court ruled then-prime minister Boris Johnson exceeded his powers by proroguing Parliament. Like Trudeau, Johnson also presided over a minority government at the time.
He similarly prorogued Parliament for five weeks after most MPs disagreed with a hard-exit from the European Union, says John Carpay, President and CEO of the Justice Centre for Constitutional Freedoms. “Court actions were filed and they made their way quickly [through the courts].”
“It wasn’t about routine procedure—it was about avoiding scrutiny,” said Rebel News Chief Editor Sheila Gunn Reid. Blocking MPs from debating national crises is unconstitutional.
The move backfired, and Parliament was recalled immediately, though Chief Justice Paul Crampton says he is not sure Canada faces the same crisis.
Crampton asks AG: how does Parliament hold the govt to account for the things it's doing right now with regard to the trade war, if it's not sitting?
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
AG: they do it when they come back.
Crampton: this is approaching 11 weeks at a critical time. We are facing a…
Applicants earlier requested Parliament to “immediately resume sitting to protect Canada’s interests in light of threatened actions by the United States.” President Donald Trump continues to threaten Canada with 25% tariffs over its porous borders.
Justice Crampton admits the looming trade war poses an “unprecedented threat” towards Canada, and that “compelling reasons” exist for the court hearings. Attorney General Arif Virani disagreed in his defence of prorogation.
He claimed that suspending Parliament did not interfere with the performance of parliamentary duties, though a $1.3 billion border plan—to potentially avoid a crippling trade war—requires parliamentary approval.
The prime minister cannot approve new spending without majority approval from the House of Commons. Parliament is slated to begin March 24, followed by a confidence vote on government spending two days later.
Poilievre calls on Trudeau to end prorogation and put ‘Canada First’
— Rebel News (@RebelNewsOnline) January 21, 2025
"The Liberal government announced a multibillion-dollar border plan—a plan they cannot fund because they shut down Parliament," Poilievre said
MORE by @WestCdnFirst: https://t.co/MsY8dyjUJJ
Legal experts have repeatedly called on Trudeau to “prioritize unity” over “party politics,” noting his attempts to dodge accountability were unlawful.
“Given the detrimental timing of Justin Trudeau's decision to suspend the essential functions of Canada's government, all premiers and opposition parties should immediately challenge the government shutdown,” writes Chipiuk. Court hearings were announced just weeks later.
“We have a rogue Prime Minister,” says Chipiuk. “Let’s give the people back their House!!”
Virani argues Trudeau is not required to provide reasons for prorogation as formal reasons must be submitted to Parliament 20 days after the next session begins.
Justice Crampton asked how Parliament could hold the government to account if it’s not sitting. They do it when they come back, he replied, refuting any claims that the order contravened Charter rights.
AG says no Charter right was violated by the decision to prorogue Parliament - including sections 3, 4 and 5.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
(voting rights, term limits and the requirement to sit once a year)
Meanwhile, the looming tariff war with the United States continues to worsen, after Trump implemented 25% tariffs on Canadian steel and aluminum last Monday.
Trudeau earlier threatened retaliatory tariffs but lacks the mandate to carry out that aim, let alone the concerning lack of parliamentary scrutiny.
The prime minister is “making rogue decisions to suspend the businesses of the people’s House for his own pleasure,” claims Chipiuk.
Carpay also questioned the validity of an 11-week prorogation. “It’s for the benefit of the Liberal Party of Canada … and elect a new leader,” he said.
The internal discord among Liberals does not transcend the struggles of everyday Canadians, Chipiuk adds.
Alex Dhaliwal
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Alex Dhaliwal is a Political Science graduate from the University of Calgary. He has actively written on relevant Canadian issues with several prominent interviews under his belt.
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COMMENTS
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Bruce Atchison commented 2025-02-18 22:38:35 -0500The whole thing is rigged by the Libranos and their Liberal-supporting judges. We’ll never get a fair deal until those weasels are voted out. We also need a ministry modelled on America’s DOGE. The waste of tax dollars in more than 9 years is horrific and it must be stopped.
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Bernhard Jatzezck commented 2025-02-18 22:05:49 -0500And the ruling will come just when Carnivore is crowned emperor. Trudeau will, of course, get away with it, receiving, at worst, a light tap on the wrist for being such a bad boy.
