Federal Court has dismissed a constitutional challenge to the Prime Minister's 11-week prorogation of Parliament. He paused all federal business in the House of Commons and Senate on January 6th to counter infighting from his ranks.

Chief Justice Paul Crampton said 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,” he writes. Meanwhile, lawyers at the Justice Centre for Constitutional Freedoms are currently reviewing the 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.

Their internal discord does not transcend the struggles of everyday Canadians, Eva Chipiuk, a Barrister and Solicitor, wrote in a post to social media. “Let’s give the people back their House!!”

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

Five years ago, the UK Supreme Court ruled then-prime minister Boris Johnson exceeded his powers by proroguing Parliament. Like Trudeau, Johnson also presided over a minority government at the time.

He similarly prorogued Parliament for five weeks after most MPs disagreed with a hard-exit from the European Union, says Carpay. “Court actions were filed and they made their way quickly [through the courts].”

“It wasn’t about routine procedure—it was about avoiding scrutiny,” said Rebel News Chief Editor Sheila Gunn Reid. Blocking MPs from debating national crises is unconstitutional.

The move backfired, and U.K. Parliament was immediately recalled, though Chief Justice Paul Crampton was unsure Canada faced the same crisis. Thursday's decision confirms that skepticism. Parliament will now resume March 24th, following a pause over a document dispute.

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

While prorogation reset the legislative agenda, it came at the cost of Trudeau's leadership. Prime Minister Trudeau was originally expected to step down on March 9th; however, he will now remain in office indefinitely to ensure a smooth transition of power. 

The Applicants requested the Liberal government to “immediately resume sitting to protect Canada’s interests in light of threatened actions by the United States.” President Donald Trump imposed 25% tariffs over concerns at the southern border.

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

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.

The prime minister is “making rogue decisions to suspend the businesses of the people’s House for his own pleasure,” said Chipiuk. Formal reasons for prorogation must be provided to Parliament no later than 20 days into the next session.

"the longer parliament stands prorogued the greater the risk of unaccountable government"

— Sheila Gunn Reid (@SheilaGunnReid) February 13, 2025

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

During the proceedings, Justice Crampton 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. 

However, despite this assurance, unverified reports hint at the possibility of a snap election being called before Parliament reconvenes.

Minister Virani earlier claimed that prorogation did not obstruct the fulfillment of federal duties, including a $1.3 billion border plan to address illegal immigration and fentanyl exports into America, which requires parliamentary approval.

The prime minister cannot approve new spending without majority approval from the House of Commons. 

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