Federal Court EXPEDITES legal challenge of Trudeau's prorogation

‘We have a rogue Prime Minister, making rogue decisions to suspend the businesses of the people’s House for his own pleasure,” says Eva Chipiuk, a barrister and solicitor at Chipiuk Law.

A crucial Federal Court hearing countering the prorogation of Parliament by outgoing Prime Minister Justin Trudeau has been expedited for February 14 and 15, according to court documents. The motion seeks a declaration to effectively reverse the prorogation of Parliament.

Chief Justice Paul Crampton notes there are “compelling reasons,” including the urgency of the matter and in service of the public interest, before granting the order. 

The applicants are requesting the court to determine whether Parliament can "immediately resume sitting to protect Canada’s interests in light of threatened actions by the United States," including President Trumps intention to impose a 25% tariff on all goods entering the U.S.

The motion also references posts outlining potential benefits for Canadians if the country were to become the “51st state.” With Trump’s economic threats raising serious concerns, the applicants argue that Parliament must act swiftly to protect the interests of Canadians.

Prime Minister Justin Trudeau suddenly prorogued Parliament on January 6, citing incessant infighting among Liberal MPs. The action promptly ceased all Parliamentary business, from cabinet bills to committee deliberations—at least for the time being.

Legal experts chimed in over the weekend, calling on the Trudeau government to “give the people back their House!”

“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,” Eva Chipiuk, a Barrister and Solicitor, wrote in a post to social media.

“The stakes are too high and too many Canadians are suffering as a result,” she said, noting the internal discord among Liberals does not transcend the struggles of everyday Canadians.

“At this critical time, we must call on our leaders to prioritize unity and putting the interests of Canadians above party politics.”

John Carpay of the Justice Centre for Constitutional Freedoms also chimed in, questioning the validity of an 11-week prorogation. “It’s for the benefit of the Liberal Party of Canada … and elect a new leader.”

Five years ago, the UK Supreme Court unanimously declared the prorogation of Parliament by Boris Johnson to be unlawful and void, who resided over a minority government at the time.

The Federal Court said then-prime minister Johnson exceeded his legal powers in suspending Parliament.

He prorogued the British Parliament for five weeks as most MPs disagreed with hard-exit from the European Union, says Carpay. “Court actions were filed and they made their way quickly [through the courts].”

“The decision was based on the principle that such an action must not hinder Parliament's legislative functions without justification,” Chipiuk added. “Therefore, the prorogation was ruled to have unlawfully frustrated Parliament's constitutional role.”

The barrister and solicitor then expressed disappointment with Crown prosecutors over their defence of Trudeau’s prorogation.

“Despite their vast resources, they complain about the challenges they will face with an expedited hearing. This is a matter of national importance, affecting 43 million Canadians, yet they make arguments about the challenges they will face,” she said. 

The Federal Court acknowledged this, stating that with their “sophistication” and “vast resources,” they should be able to meet the challenge of an expedited hearing.

“We have a rogue Prime Minister,” Chipiuk concludes, “making rogue decisions to suspend the businesses of the people’s House for his own pleasure. Let’s give the people back their House!!”


EDITOR'S NOTE: This article was updated to better reflect the court dates and reasoning for the motion. 

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Alex Dhaliwal

Calgary Based Journalist

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.

COMMENTS

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  • Bernhard Jatzeck
    commented 2025-01-20 20:28:41 -0500
    Bruce, he had PET as an example.
  • Bruce Atchison
    commented 2025-01-20 19:47:06 -0500
    Trudeau must learn that Canada isn’t a dictatorship. The fop figures he can run the country like it’s his own kingdom but that isn’t what Canada was founded on. We taxpayers are the masters, not that childish man inheriting a throne. He must be thrown off his imaginary throne and the sooner the better.