The triggering of the Emergencies Act by Trudeau —
reportedly
at the urging of the Biden administration in the United States — allowed the government to arrest the leaders of the Freedom Convoy, freeze bank accounts of protesters, and seise donations intended for the protest.
The Act states that, for the government to declare a public emergency, there must be “threats to the security of Canada that are so serious as to be a national emergency.” The law defers to the definition of a threat from the Canadian Security Intelligence Service, which lists espionage, serious violence, foreign interference, or intent to overthrow the government as examples that would meet the threshold.
Trudeau Ministers Discussed Deploying Army Tanks During Freedom Convoy Protests
https://t.co/KQV4Z0lJTt
— Breitbart London (@BreitbartLondon)
November 24, 2022
In his ruling, Judge Mosley said:
I have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration.
“The potential for serious violence, or being unable to say that there was no potential for serious violence was, of course, a valid reason for concern,” he added. “But in my view, it did not satisfy the test required to invoke the Act.”
The judge went on to
say
that the actions from the government also “infringed” upon the rights guaranteed to citizens under the Canadian Charter of Rights and Freedoms: “It is declared that the Regulations infringed section 2(b) of the Charter and declared that the Order infringed section 8 of the Charter and that neither infringement was justified under section 1.”
The ruling of the judge contradicts findings from an
inquiry
led mostly by Trudeau government officials that found that the government had met the threshold. According to public broadcaster CBC, Deputy Prime Minister Chrystia Freeland
said
during a cabinet meeting in Montreal that the government intends to appeal the ruling from Judge Mosely.
In response to the ruling, Rebel News founder and ardent supporter of the Freedom Convoy protests, Ezra Levant
said
: “For two years Trudeau and the regime media called the truckers illegal. Today the Federal Court ruled that Trudeau’s violent response was illegal. Shame on every #JustinJourno who parroted his line. Today’s ruling was a judgment of them, too.”
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