Lawyers break down Federal Court verdict ruling Emergencies Act unconstitutional

Today, a Federal Court found Prime Minister Justin Trudeau's government acted unconstitutionally when it invoked the Emergencies Act in response to the Freedom Convoy in 2022.

In the decision, Justice Richard Mosley wrote that invoking the national security act in response to the anti-mandate protest did 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.”

Further, Justice Mosley noted, the requirements to “declare a public order emergency were not satisfied.” 

Minister of Public Safety Dominic LeBlanc reacts to the Federal Court ruling that Trudeau's invocation of the Emergencies Act was unconstitutional: "The House of Commons ratified the decision to invoke." https://t.co/vD78U4ZuZQ pic.twitter.com/zEY2mzJVQg

— Rebel News (@RebelNewsOnline) January 23, 2024

The ruling contradicts the findings of the Public Order Emergency Commission, which fulfilled a mandate within the Emergencies Act to review its use. Commissioner Paul Rouleau, who has close links to Trudeau, previously said the act was justified.

Liberal cabinet ministers pledged the government would appeal the decision, speaking to reporters from a cabinet retreat in Montreal.

Rebel News boss Ezra Levant hosted an emergency livestream to break down the stunning verdict, where he was joined by two lawyers closely linked to the Freedom Convoy, Keith Wilson and Chad Williamson.

Wilson, who worked alongside the convoy's leadership in an attempt to broker a deal between the protesters and the city, told the audience how important one aspect of Justice Mosley's decision was.

Chrystia Freeland says Canada's "national security was under real threat" during the peaceful Freedom Convoy demonstrations in Ottawa and across the country. The invocation of the Emergencies Act was ruled unconstitutional in Federal Court today. https://t.co/vD78U4ZuZQ pic.twitter.com/fAgFMUY23p

— Rebel News (@RebelNewsOnline) January 23, 2024

“Even if they met the test to invoke — which they didn't — Charter rights were violated,” Wilson said. “Section 8 in particular, your right against unlawful search and seizure, relating specifically to the outrageous, tyrannical act of freezing hundreds of Canadians' bank accounts and cancelling their credit cards.”

Deputy Prime Minister Chrystia Freeland, who oversaw the freezing of bank accounts in her role as finance minister, doubled down on the Liberals' response to the convoy.

Deputy PM Chrystia Freeland says the Liberals will appeal the Federal Court decision which ruled the govt unconstitutionally invoked the Emergencies Act.

Freeland says the Liberals remain convinced it was the "right" and "necessary" decision.https://t.co/vD78U4ZuZQ pic.twitter.com/FXGhN50SWr

— Rebel News (@RebelNewsOnline) January 23, 2024

Freeland told reporters the use of the Emergencies Act was the "right" and "necessary" action to take.

Williamson, meanwhile, said Justice Mosley went to great lengths in writing this decision, explaining that judges in this position try to render verdicts that will be difficult to appeal.

“It will take some creative lawyering on part of the Liberal government to try and over turn this,” he said. Williamson represented protesters from the Coutts, Alberta, border blockade, which occurred at the same time as the demonstration in Ottawa.

Watch the full livestream below for more insight and analysis. Rebel News will continue to follow this important story as it develops.