LIVE UPDATES: Federal Court continues hearing on Trudeau’s prorogation challenge
The high-stakes legal challenge over Trudeau's decision to prorogue Parliament at a time of increasing political tensions with the U.S. continues on its second day in Federal Court.
The Federal Court of Canada is now hearing the second day of arguments in a constitutional challenge against Prime Minister Justin Trudeau’s decision to prorogue Parliament. The case, brought by Nova Scotians David MacKinnon and Aris Lavranos, with support from the Justice Centre for Constitutional Freedoms (JCCF), argues that the Prime Minister’s actions unlawfully suspended parliamentary accountability at a time of national uncertainty.
The hearings, taking place on February 13 and 14, 2025, in the East Room of the Supreme Court of Canada building in Ottawa, began at 9:30 a.m. ET.
On January 6, 2025, Prime Minister Trudeau advised the Governor General to prorogue the 44th session of Parliament until March 24, 2025. This decision halted all parliamentary activities, including committee investigations and legislation in progress. Critics argue the move was a strategic attempt to avoid parliamentary scrutiny amid rising tensions over Canada’s economic stability and a potential tariff war with the United States.
The next day, on January 7, 2025, lawyers representing MacKinnon and Lavranos filed a Notice of Application in Federal Court, seeking a declaration that Trudeau’s advice to the Governor General was unlawful. They argue that prorogation was used as a political tool to shield the government from accountability, violating core democratic principles.
2. Constitutional lawyers James Manson, Darren Leung, and Andre Memauri are ready to speak on behalf of applicants David MacKinnon and Aris Lavranos in this historic case. pic.twitter.com/n3EJcFJhVC
— Justice Centre for Constitutional Freedoms (@JCCFCanada) February 13, 2025
Recognizing the urgent and exceptional nature of the case, Chief Justice Paul S. Crampton granted an expedited hearing on January 18, 2025. The court is expected to address key constitutional questions, including whether judicial review applies to the Prime Minister’s prorogation advice and whether the decision undermined Parliament’s ability to perform its oversight role.
Justice Centre challenging Trudeau's authority to prorogue Parliament in court
— Rebel News (@RebelNewsOnline) February 8, 2025
On last night's episode of The @EzraLevant Show, President of the Justice Centre for Constitutional Freedoms John Carpay (@JCCFCanada) discussed his legal challenge against Justin Trudeau's… pic.twitter.com/Id8GNj8myI
As the hearings continue, government lawyers have argued that the courts have no authority to intervene in political matters, contending that it is impossible to predict if or when the government would have lost a non-confidence vote had Parliament remained in session. Opposing counsel has countered that Trudeau’s decision deprived elected representatives of their right to hold the government accountable during a period of economic uncertainty.
The hearing will continue throughout the day, with further arguments expected from both sides. The Federal Court’s ruling could set a legal precedent on the limits of a Prime Minister’s ability to unilaterally suspend Parliament.
Follow along below for live updates:
Crampton says he's worried about others running to the court "willy nilly" to overturn prorogation.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
(Okay I get the problem with bunging up the court however shouldn't citizenry be able to challenge their government when they think their government is acting tyrannical to hide…
Manson says one branch of government (the executive) is preventing the other branch (the legislative) from doing its job.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
Manson says the courts can use the tool of cost and standing to rule out busybody complaints against prorogation. But he also says every prorogation should be open to challenge. If the extraordinary nature of situation merits a challenge.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
Fair enough
Bernstein warns the court against “political interference,” citing U.S. Supreme Court cases he claims harmed public trust. Dissenting justices wrote they were worried about harming public trust.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
But when pressed for evidence? He admits he has none, except the current political…
Andrew Bernstein intervening for the govt: calls this a Bush V Gore moment, a pivotal moment in legal history where he says people developed an "insidious" view of the courts. As left and right; partisans.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
"that court has never recovered from the view that it was interfering in…
The prorogation was called - in part- SPECIFICALLY TO PREVENT PARLIAMENT FROM HOLDING THE GOVT OT ACCOUNT.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
The Liberals were withholding Green Slush Fund documents ordered to be turned over to the House which may contain evidence of crimes in the order of hundreds of millions… https://t.co/WFu8f4oezc
New lawyer up for AG: arguing against any remedies for the applicants in the event of a finding that Trudeau could not prorogue parliament
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
AG says intervention by the court against the prorogation is exceptional and unwarranted since Parliament reconvenes in March and then there will be no limits on the ability of Parliament to hold the govt account.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
Ok but what about the meantime? We are indeed in an exceptional…
AG claims advising prorogation didn’t “frustrate” Parliament—at least not how the UK Supreme Court defined it in the Miller case - where time was ticking on Brexit legislation.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
Time is ticking on tariffs and a border funding issue.
AG claims the Miller case isn’t relevant here, arguing “legal and factual differences” make it of “limited persuasive value.”
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
Back in court, now that you have a little bit of context for what the Miller case was about in the UK, do you think it's relevant or comparable to what's happening now in Canada? Are we in a similar level of crisis just with different circumstances?
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
court is on break for an hour. Time to do some other Rebel things
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
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…
The JCCF is relying on the Miller 2 case out of the UK to make arguments about why Justice Crampton should nullify Trudeau's prorogation of parliament. So I have an incoming thread about what the Miller 2 case was.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
Then tell me: are the crises on the same level? AG says no.
AG swaps lawyers now, and this one will be going through the Miller decision out of the UK to overturn the prorogation of Parliament by Boris Johnson which was happening at a critical time of Brexit.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
AG will argue the tariff turmoil and sovereignty threats do not rise to the…
AG claims Parliament lost nothing from prorogation. 🤨
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
JCCF lawyers argued MPs were denied the chance to tackle grave threats to Canada’s economy & sovereignty—and to hold Trudeau accountable.
AG is arguing that the case is not justiciable because the Governor General's decision to prorogue is not reviewable by the courts.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
But we heard yesterday that no GG has ever declined a request to prorogue. And JCCF argued that the legal authority falls to the elected…
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)
AG says prorogation does not interfere with the performance of parliamentary duties.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
[Ok but there is a border plan with attached spending that lies in the balance as Trump is threatening tariffs]
AG says the court should not consider Trudeau’s January 6 presser as official justification for prorogation.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
I bet she wants those comments ignored. He called Parliament dysfunctional and said he is not the guy to lead the Libs into the next election (not reasons to prorogue)
AG argues that Trudeau was not required to provide reasons for prorogation during his January 6, 2025 press conference—because formal reasons must be submitted to Parliament 20 days after the 45th session begins.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
[Ok but he did say why in that press conference🧐]
Crampton notes that only one prorogation since the early '60s approached the length this current one. 82 days in 2003.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
AG argues that while shorter prorogations seem to be a modern tradition, the length of the current prorogation isn't outside of the norm of practice in Canada. (11 weeks in a crushing tariff and sovereignty crisis).
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
AG says the court cannot use unwritten constitutional principles—such as separation of powers, responsible government, or parliamentary sovereignty—as a legal test to assess the Prime Minister’s conduct.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
"There is no legal standard against which you can judge the Prime…
AG, addressing the case JCCF is relying on, out of the UK, which set aside the prorogation of Boris Johnson's government in 2019 under looming Brexit concerns, says the preamble to the British North America Act—which states that Canada shall have a "Constitution similar in…
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
AG says the Prime Minister's advice to the Governor General on prorogation is only bound by sections 4 and 5 of the Charter—no other constitutional limits apply.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
These are the democratic rights sections, re: the frequency of legislative meetings. Must meet once a year, and hold…
Crampton notes that the BCCLA raised the separation of powers principle yesterday. He questions why the court shouldn't enforce it if the executive unduly interfered with Parliament.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
AG responds: "Principles are not legal rules that this court can enforce."
AG says there is "no evidence that there is something pressing that Parliament has to deal with" pic.twitter.com/9WqgcS0uFY
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
AG notes that parliament was prorogued during WW1 and WW2 and covid 19. Says the situation Canada is facing with crushing tariff threats is "no more pressing than those circumstances"
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
Crampton says: the applicant's point is that there has to be a limit, a "safety valve" on the power to prorogue. What do you think of that?
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
AG: that would be an incredible overreach of the court to rule on that. It would be an error and an excess of authority of this court...…
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…
AG argues that the court cannot determine when or even if the government will fall to a non-confidence vote.
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025
Says no Canadian citizen has a right to have parliament sit - goes to the heart of whether this case can even be litigated, if the aplicants have standing to bring the…
Back in federal court (remotely) this morning for the @JCCFCanada challenge to Justin Trudeau's January 6 prorogation of parliament to avoid a late January confidence vote, allow the Liberals to run a leadership election, and avoid producing documents that may have included…
— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025

Sheila Gunn Reid
Chief Reporter
Sheila Gunn Reid is the Alberta Bureau Chief for Rebel News and host of the weekly The Gunn Show with Sheila Gunn Reid. She's a mother of three, conservative activist, and the author of best-selling books including Stop Notley.

COMMENTS
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Bernhard Jatzezck commented 2025-02-14 23:48:21 -0500Any bets that the court will let Trudeau off the hook? Why break his winning streak?
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Bruce Atchison commented 2025-02-14 19:34:20 -0500Trudeau runs Canada like he’s the king. Carney will be even worse. He’s cunning as well as evil.