The national security law used by Prime Minister Justin Trudeau's government to arrest leaders of the Freedom Convoy and search and seize property and persons involved in the anti-mandate demonstration, which arrived in Ottawa on January 28, 2022, was deemed unconstitutional by a judge.
In his ruling, Federal Court Justice Richard Mosley wrote:
I have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration.
In my view, there can be only one reasonable interpretation of EA sections 3 and 17 and paragraph 2(c) of the CSIS Act and the Applicants have established that the legal constraints on the discretion of the GIC to declare a public order emergency were not satisfied.
The news of the ruling was posted to X, formerly known as Twitter, Tuesday morning by Christine Van Geyn, litigation director at the Canadian Constitution Foundation (CCF), one of several organizations which challenged the Trudeau government's use of the never-before-used law against peaceful demonstrations in the nation's capital.
Along with lawyers for the Canadian Civil Liberties Foundation, the CCF, the Canadian Frontline Nurses, and four private applicants, lawyers for the Alberta Government also intervened in the case against the federal government.