Very disappointing to see a Federal Court judge, Justice Richard Mosely, create an imaginary rewrite of history to conclude that Ottawa really hadn't needed to invoke the Emergencies Act against the freedum convoy protests and blockades in February 2022.
In summary:In a ruling sure to be appealed, a Federal Court judge has deemed the federal government’s invocation of the Emergencies Act (EA) during the so-called “Freedom Convoy” protests unlawful and found that the measures employed under it violated the Charter of Rights and Freedoms.Because the decision primarily concerned the decision to invoke the EA (rather than the constitutionality of any provisions of the EA itself), the Court’s job was to assess the reasonableness of the decision “with deference owed to the decision maker and its specialized expertise” (para. 202). The judge, however, ends up not so much reviewing the reasonableness of the decision in light of the circumstances facing the government so much as undertaking a total reappraisal, with the judge substituting his judgment for that of the government’s, with little to no deference to be found....the EA does not require that federal government to spend time on the metaphysical questions posed by multi-versal ponderings of the imagined parallel universe where Doug Ford took governance and public safety seriously, before they decided to address the national emergency at hand with the last resort tool they had available - a tool, mind you, that worked to finally end the occupation. As I wrote at the time: “The POEC demonstrated what was already clear to those of us who followed the convoy protests themselves: the police were either unable or unwilling to act. It doesn’t matter, frankly, what existing laws might or should have been able to deal with: they did not, and therefore could not handle the occupation of the country’s capital.”... Judge Mosley concludes instead that “There appears to be have been no obstacle to assembling the large number of police officers from a variety of other forces ultimately required to assist the OPS to remove the blockade participants (para. 250).” I suppose we’re expected to believe it was mere coincidence that blockade participants did not end their siege until the EA was invoked, and the few tools enacted under it were implemented...
Actually, I would argue the Canada-wide emergency in February 2022 that justified the Emergencies Act wasn't the mess on the Ottawa streets, but rather the impact of border blockages on Canadian business."In light of what we know now" strikes me as the wrong test to apply to whether the use of legislation is reasonable or not.
— Peggy Blair (@peggy_blair) January 23, 2024
Not sure convoy supporters celebrating this ruling have read it closely, the judge notes that if he was the government, he probably would have invoked it too.
— Luke LeBrun (@_llebrun) January 23, 2024
He says the Freedom Convoy “went beyond legitimate protest and reflected an unacceptable breakdown of public order.” https://t.co/AvcPSC4h2d pic.twitter.com/JsBHBTDZuj
Absolutely! Ottawa was a local problem. But Ontario & Alberta & BC & Manitoba border blockades were escalating trade damage & the Coutts bombs showed that RCMP were in danger.
— Cathie from Canada 🇨🇦 😷🏳️🌈 🇺🇦 🇮🇱 (@CathieCanada) January 23, 2024
Trudeau had to act when provincial govts wouldn't.
The Emergencies Act judgment by the Federal Court does not declare it unconstitutional. It simply says that for some of the parties the minimum threshold for invoking it was not met (paras. 372-74). It is a badly muddled judgment that will likely be overturned on appeal.
— Stephen Lautens (@stephenlautens) January 23, 2024
Even Canadian small-c conservatives are questioning the court decision:Support For Using The Emergency Act:
— Polling Canada (@CanadianPolling) January 23, 2024
Support: 66%
Oppose: 30%
Nanos Research / November 29, 2022 / n=1025 / MOE 3.1% / Telephone/Online
One could argue Ottawa's specifically; there was no issue clearing the Windsor blockade, after all. But I suspect that was mostly because Uncle Joe in Washington was exerting some pressure.
— Chris Selley (@cselley) January 23, 2024
The only novel thing that happened in Ottawa was the convoy itself: We had never seen something so big, so determined and so intransigent.
— Chris Selley (@cselley) January 23, 2024
The police failure to do anything about it should not have been remotely shocking to anyone. That is police SOP in Ontario.
We all know the Emergencies Act case will end up at the Supreme Court of Canada, which will apply the Oakes test properly. Untilthen, every media and Tory cockroach in Canada (usually one and the same) will claim to have the legal knowledge of a seasoned appellant lawyer.
— Mark Bourrie (@MarkBourrie) January 23, 2024
NEW: Far-right convoy groups are planning to occupy Canadian police stations until government officials are arrested.
— PressProgress (@pressprogress) January 23, 2024
In a planning meeting last night, they suggested bringing ‘tents and BBQs’ to occupy police stations for weeks or even months.https://t.co/oS8HIjIfzI #cdnpoli
Seems that either the police are going to have to start doing their jobs, or Canada will face a new wave of ever braver lunatics.https://t.co/jNqYWZLswM
— Aatos Lehtila (@Qualifyfor) January 23, 2024