LIVE UPDATES: Trudeau’s prorogation faces legal showdown in Federal Court
Trudeau's prorogation decision has essentially halted all parliamentary business at a time of increasing political tensions with the U.S.
The Federal Court of Canada will hear a high-stakes constitutional challenge Thursday and Friday against Prime Minister Justin Trudeau’s decision to prorogue Parliament.
The case, filed by two Nova Scotians with backing from the Justice Centre for Constitutional Freedoms, argues that Trudeau’s move unlawfully sidelined parliamentary accountability at a critical time for the country.
The hearing, set for February 13 and 14, 2025, in the East Room of the Supreme Court of Canada building in Ottawa, commenced at 9:30 a.m. ET.
On January 6, 2025, Prime Minister Trudeau announced his advice to the Governor General to prorogue the 44th session of Parliament until March 24, 2025, effectively suspending all parliamentary activities and killing all bills in progress.
2. Constitutional lawyers James Manson, Darren Leung, and Andre Memauri are ready to speak on behalf of applicants David MacKinnon and Aris Lavranos in this historic case. pic.twitter.com/n3EJcFJhVC
— Justice Centre for Constitutional Freedoms (@JCCFCanada) February 13, 2025
In response, on January 7, 2025, lawyers representing Nova Scotians David MacKinnon and Aris Lavranos, funded by the Justice Centre for Constitutional Freedoms, filed a Notice of Application challenging the legality of this decision.
The pair seek a declaration from the Federal Court that the Prime Minister's advice was unlawful, asserting that it undermines Parliament's role in holding the government accountable, especially amid a nationwide crisis precipitated by a looming tariff war with the United States over border and trade issues.
Justice Centre challenging Trudeau's authority to prorogue Parliament in court
— Rebel News (@RebelNewsOnline) February 8, 2025
On last night's episode of The @EzraLevant Show, President of the Justice Centre for Constitutional Freedoms John Carpay (@JCCFCanada) discussed his legal challenge against Justin Trudeau's… pic.twitter.com/Id8GNj8myI
Recognizing the urgency and exceptional nature of the case, Chief Justice Paul S. Crampton granted an expedited hearing on January 18, 2025.
Follow along below for live updates:
Manson says that we can't even test if parliament has confidence in the government through a confidence vote - which would be the test if parliament needs a reset.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson notes that Parliament didn't ask Trudeau for a reset. Trudeau imposed one
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson says that if there is polarization caused by Trudeau then Trudeau himself should resign and that's not a reason to prorogue the Parliament. If he's the problem he can go. Says the Liberals can operate under an interim leader and Parliament can do the work it needs to.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Crampton asks about Trudeau's excuse about reducing polarization in the house of commons as a reason to prorogue Parliament. Says that's about the business of Parliament, and therefore a reason to prorogue?
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Crampton says that he is not sure that Canada faces the same crisis that the UK faced in the Miller case which overturned Johnson's prorogation ( in that instance: a withdrawal treaty with the EU).
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
[the threat of 25-100% tariffs crushing certain sectors of the ecocomy, a…
Outside of the issues of unrestrained executive overreach of a government proroguing for partisan reasons, there are looming tariff threats, sovereignty crisis, a prime minister that has resigned and a confidence motion waiting to move forward.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson says: Canada has a “Constitution similar in Principle to that of the United Kingdom” (BNA Act, 1867).
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
So, could a PM’s advice to prorogue be challenged in court here too? That's the question to be answered by Justice Crampton. Is this whole mess even justicable?
Are there limits on a Prime Minister’s power to advise prorogation? The UK Supreme Court ruled that Boris Johnson’s five-week prorogation was unlawful, citing parliamentary sovereignty, accountability & separation of powers. Does Canada follow the same principles? 🇨🇦🤔
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson will take the court through the Miller decision from the UK, where the court undid the prorogation of the Johnson government.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
The court ruled that the Prime Minister could not prorogue Parliament for five weeks before the UK's withdrawal from the EU.
The court's…
Manson: The Charter involves active representation. You have an MP, you bring your problems to them. You can't do that right now.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
MacKinnon and Lavranos also request a declaration that this session of Parliament has not been prorogued. which means all those bad bills (C63) are back on the table - that is until the NDP finally find some morals and vote down the govt
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
David MacKinnon of Amherst, N.S., and Aris Lavranos of Halifax want the court to set aside Trudeau’s decision to advise Gov. Gen. Mary Simon to exercise her power to prorogue Parliament until March 24.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Now dealing with the issue of standing: Are the two applicants, David MacKinnon and Aris Lavranos (both lawyers BTW), able to bring the case to overturn the decision to prorogue?
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson says they, like all Canadians, are affected and interested.
"If my clients don’t have…
Manson clarifies that he is not alleging the Prime Minister acted in bad faith or with ulterior motives.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Instead, he argues that advising the Governor General to prorogue for a partisan purpose (to run a leadership race to replace him) is not a justifiable reason.
It's not…
Manson (paraphrased): We cannot have a government that decides what Parliament can do. We have a Parliament that decides what the government can do.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
We cannot have an unconstrained executive. That leads to tyranny.
Manson: the longer prorogation goes on, the better the reason for it should be.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
(It can be as little as a new legislative agenda, but Trudeau didn't even use that excuse. He wants to bolster his party's fortunes with a new leader before an election. It's an abuse of power)
Manson: Nothing is preventing the parliament from being open and the Liberals running a leadership race at the same time.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Trudeau closed the door on parliament for 11 weeks. Why was that required for Trudeau's so-called reset of a dysfunctional parliament? What's with that…
Crampton: doesn't the court have to give deference to the PM to only intervene only if it were apparent that the PM's advice to the GG exceeded constitutional limits?
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson: yes but the UK courts ruled the PM has to give a reason - like we need a new legislative agenda- but…
Manson argues that Section 5 of the Canadian Charter of Rights and Freedoms restricts the Prime Minister's authority over Parliament - a partisan prorogation gives the PM unrestrained control over the sovereign parliament
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Crampton asks: do you have any authority (cases) to support your argument that parliament cannot be prorogued for partisan political reasons?
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson: no, we have none.
Manson argues that it is an abuse of the spirit of prorogation and the lack of case law (that Trudeau is the…
Manson is arguing that prorogation for unlimited reasons (or for political expediency for the Liberals) disallows the constitutional right to effective representation (section 3).
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson argues that there are limits to prorogation beyond just having to have a sitting once every 12 months - when can the PM use the power and for what?
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
(can he use it to buy his party time to choose a new leader? I guess we will see.)
Crampton says: the burden, in this case, is yours, you have to show that the PM's advice to the GG was "ultra vires" (or done beyond the legal power of the office). In the absence of that, you will not have made your case.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson: the pitch is "can we say the PM's conduct in…
In exercising the concept of responsible government, the powers are held by elected officials, not the unelected formal head of state.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
(explaining why the GG has no real discretion to deny the request for prorogation)
Manson, reading from an academic analysis: It is unfathomable that the GG could ever refuse the PM's request for prorogation.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
(he is addressing Crampton's questions about whether the JCCF has brought the right motion against the right party - the PM and not the GG)
Manson: The GG does not have the authority to refuse the PM, that's not a thing, and that is the submission of the Crown. (meaning, it is the PM who is the problem here, and not the GG).
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson reading from the Crown's own brief: The PM's role in advising prorogation, and the…
Crampton is pointing out that it was the GG who prorogued on the advice of the PM. "That's an issue that we need to address in this case"
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
For context: pic.twitter.com/Mbv0R6eTo9
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson notes that before January 6, 2025, Parliament was functioning as it should—passing 4 bills before the decision to prorogue.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
What gridlock was Trudeau fighting? The Liberals refusing to turn over evidence of their Green Slush Fund corruption to the RCMP
Now Manson is asking Crampton to take judicial notice of the danger of tariffs and the gravity of a unity/sovereignty crisis, including 25% tariffs on steel and aluminum while parliament is not working (so that the Liberals can run a leadership race)
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
here, for context. Read it for yourself. https://t.co/Fg0G2OBF4Q
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Crampton asks: if we take these leaders at their word...when would that (a confidence vote) have occurred, but for the actions of the govt to prorogue?
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson: reads a letter from CPC MP John Williamson, chair of the Public Account Committee, describing a timeline of Jan 30.
A member of the public (?) just interrupted the hearing to insist on giving Manson a note. Weird but Crampton entertained it.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson impugns Trudeau with his own words- statements made only in French- where Trudeau first blames the Conservatives for the gridlock in Parliament, and ALSO that he said the Liberals need a leadership race. Manson argues this falls outside the scope of prorogation…
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Manson will be going through the facts of the case. This began with Trudeau's announcement to prorogue parliament, quoting Trudeau verbatim from his press conference on January 6
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Constitutional lawyers James Manson, Darren Leung, and Andre Memauri are running the appeal being heard by Chief Justice Paul S. Crampton.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
In federal court (remotely) this morning for the challenge to Trudeau's prorogation of parliament led by the JCCF on behalf of David MacKinnon and Aris Lavranos.
— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025
Trudeau idled parliament amid a tariff war and border/trade disputes to give the Liberals time to replace him.
Sheila Gunn Reid
Chief Reporter
Sheila Gunn Reid is the Alberta Bureau Chief for Rebel News and host of the weekly The Gunn Show with Sheila Gunn Reid. She's a mother of three, conservative activist, and the author of best-selling books including Stop Notley.
COMMENTS
-
Bernhard Jatzezck commented 2025-02-13 20:59:08 -0500Trudeau suspended Parliament to not only save his hide but to impose his dictatorial rule of this country without official scrutiny or opposition. After all, he got away with a similar stunt 3 years ago, and the subsequent inquiry absolved him.
