Court upholds Trudeau’s Prorogation Order, though an appeal remains ‘possible’

The court emphasized that it is not its role to question the wisdom or merits of the Prime Minister’s political decisions.

 

The Canadian Press / Adrian Wyld

In a decision handed down by Chief Justice Paul Crampton, the court found that the Prime Minister’s decision was within legal limits and that the courts should refrain from interfering in executive decisions unless extraordinary circumstances exist.

However, legal counsel to the applicants suggest an appeal is within the realm of possibility.

“Many of you may question whether that has any usefulness, given the fact … [there are] rumblings of an early election,” James Manson, a constitutional lawyer, said in a video posted to social media.

This case, however, “isn’t really about an election,” he clarified. “It’s about the proper use of the Prime Minister’s power to prorogue Parliament.”

Even though the court was not convinced that the Prime Minister exceeded his authority to prorogue Parliament, Chief Justice Paul Crampton stated in his decision that “all holders of public power must be accountable for their exercises of power.” 

During the proceedings, he questioned how Parliament could maintain accountability over the government during its adjournment. Attorney General Arif Virani responded that Parliament would resume its oversight role upon its return on March 24th. 

“We are certainly studying the decision now … to see if there’s any serious issues that we may think warrant an appeal,” said Manson. “Certainly, there will be a possibility of an appeal.”

If an appeal is warranted, it will proceed to the Federal Court of Appeal, where limits on prorogation would be established.

The court emphasized that it is not its role to question the wisdom or merits of the Prime Minister’s political decisions.

Chief Justice Crampton also underscored the judiciary’s role in maintaining separation of powers, stating that courts must avoid “undue influence” over government branches.

Meanwhile, legal experts repeatedly called on Trudeau to “prioritize unity” over “party politics,” noting his attempts to dodge accountability were unlawful.

Though Chief Justice Crampton did argue against some of the prorogation rationale as “troubling,” he says Trudeau did provide other justifications that made it “not possible to disentangle the impugned partisan considerations from the other considerations.”

The ruling also cited comparisons to Boris Johnson’s controversial 2019 prorogation in the U.K., but found the circumstances in this case were not similarly exceptional.

The move backfired, and U.K. Parliament was immediately recalled. And like Trudeau, Johnson also presided over a minority government at the time.

The Prime Minister paused all federal business in the House of Commons and Senate on January 6th to counter infighting from his ranks, as well as prepare for a potential trade war with the United States.

The applicants urged the Liberal government to “immediately resume sitting to protect Canada’s interests in light of threatened actions by the United States” to no avail. 

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.

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

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Alex Dhaliwal

Journalist and Writer

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.

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COMMENTS

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  • Bruce Atchison
    commented 2025-03-09 23:10:34 -0400
    Everything Trudeau does is partisan. I also wonder if that judge was compromised.
  • Bernhard Jatzezck
    commented 2025-03-08 00:21:17 -0500
    Why am I not surprised? We’ve seen this sort of things far too often with Trudeau.