Menu

Topics

Connect

Comments

Want to discuss? Please read our Commenting Policy first.

Ottawa appeals court ruling that found use of Emergencies Act ‘unreasonable’

WATCH: Canadian court finds use of Emergencies Act was 'unreasonable' – Jan 23, 2024

Ottawa has filed to appeal a Federal Court decision that found its invocation of the Emergencies Act in response to the 2022 “Freedom Convoy” protests was unjustified.

Story continues below advertisement

The government is asking the Federal Court of Appeal to overturn a January decision that found the government’s use of emergency law led to the infringement of constitutional rights.

The federal Liberals invoked emergency powers in response to thousands of protesters who entrenched themselves in downtown Ottawa for weeks and spinoff protests that blockaded border crossings.

The Canadian Civil Liberties Association and others argued in court that Ottawa ushered in the emergency measures without sound statutory grounds.

Federal Court Justice Richard Mosley’s decision, which the Liberals immediately promised to appeal, differed from the conclusion of the Public Order Emergency Commission.

That inquiry found the government met the very high legal standard for using the law.

Story continues below advertisement

In the documents filed Thursday, the government outlined arguments including that the Federal Court erred by reviewing the decision to invoke the act “with the benefit of hindsight” and based on information not available to the government in 2022.

The court also made a mistake in substituting its own opinion about the decision the government should have made, it said.

Instead, it said, the court should have looked at whether it was reasonable for the government to “decide that it had reasonable grounds to believe” that a public order emergency existed and needed to be dealt with through special temporary measures.

The court was also wrong to decide the invocation of the Emergencies Act was a violation of the Canadian Charter of Rights and Freedoms, the government argued.

Advertisement

You are viewing an Accelerated Mobile Webpage.

View Original Article