The Federal Court of Appeal has ordered a full hearing for the challenge against former Prime Minister Trudeau's 11-week prorogation of Parliament.

“The Court will not preliminarily dismiss the challenge on the issue of mootness. That issue will be decided at a full hearing,” reads a statement from the Justice Centre for Constitutional Freedoms.

On January 6, Parliament was prorogued by Trudeau due to internal conflict, tariff threats, and to enable a leadership change. The Federal Court upheld this decision two months later following a quick hearing.

Nova Scotians David MacKinnon and Aris Lavranos, with support from the Justice Centre, argued that Trudeau’s actions unlawfully suspended parliamentary accountability at a time of national uncertainty.

BREAKING NEWS

The Federal Court of Appeal has directed that the challenge to former Prime Minister Trudeau’s decision to prorogue Parliament for 11 weeks will go to a full hearing.

The Court will not preliminarily dismiss the challenge on the issue of mootness. That issue will…

— Justice Centre for Constitutional Freedoms (@JCCFCanada) May 23, 2025

Chief Justice Paul Crampton ruled the applicants failed to demonstrate that Trudeau exceeded limits established by the written Constitution, unwritten constitutional principles or any other legal limits. “They failed to meet that burden,” Crampton wrote in his 96-page decision.

John Carpay, president and CEO of the Justice Centre, earlier 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.

Prorogation stalled Trudeau's agenda amid poor polling, leading to Mark Carney becoming Prime Minister with a 169-seat minority government on April 28.

Amidst a document dispute, Parliament was set to resume on March 24, but a snap election was called by Carney the day before.

The Lesson?
Prorogation cannot be abused to dodge accountability—whether in the UK, Canada, or anywhere else. Democracy demands transparency, not shutdowns.

— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025

Prorogation effectively 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 trade war with the United States.

In March, U.S. President Donald Trump imposed 25% tariffs on most goods and 10% on energy exports, without circumventing existing free trade agreements.

Despite pleas from the opposition regarding the trade war, Trudeau refused to recall Parliament for an emergency session. Cabinet cautioned the trade war could kill over a million Canadian jobs, with economists predicting at least two years of economic stagnation.

Crampton acknowledged the trade war poses an “unprecedented threat” towards Canada, and that “compelling reasons” exist for the court hearings. 

Formal reasons for prorogation must be provided to Parliament no later than 20 days into the next session.

The prorogation was called - in part- SPECIFICALLY TO PREVENT PARLIAMENT FROM HOLDING THE GOVT OT ACCOUNT.

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

— Sheila Gunn Reid (@SheilaGunnReid) February 14, 2025

During court proceedings, Crampton questioned how government accountability could be maintained during parliamentary adjournment. Attorney General Arif Virani stated that Parliament would resume its oversight upon its return on March 24.

Minister Virani asserted that prorogation didn't impede federal responsibilities, including a $1.3 billion border plan needing parliamentary approval for illegal immigration and fentanyl. 

Crampton did not set a precedent on the limits of a Prime Minister's power to suspend Parliament.

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