Canada: Ottawa's use of Emergencies Act against convoy protests was unreasonable, violated Charter, court rules
Posted: Tue Jan 23, 2024 10:29 pm
Ottawa's use of Emergencies Act against convoy protests was unreasonable, violated Charter, court rules
Read more here:
https://www.cbc.ca/news/politics/emerge ... -1.7091891
A federal judge says the Liberal government's use of the Emergencies Act in early 2022 to clear convoy protesters was unreasonable and infringed on protesters' Charter rights.
In what's already turning into a divisive decision, Federal Court Justice Richard Mosley wrote that while the protests "reflected an unacceptable breakdown of public order," the invocation of the Emergencies Act "does not bear the hallmarks of reasonableness – justification, transparency and intelligibility."
"I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires," he wrote in a lengthy decision released Tuesday. "Ultra vires" is a Latin term used by courts to refer to actions beyond the scope of the law.
Read more here:
https://www.cbc.ca/news/politics/emerge ... -1.7091891
A federal judge says the Liberal government's use of the Emergencies Act in early 2022 to clear convoy protesters was unreasonable and infringed on protesters' Charter rights.
In what's already turning into a divisive decision, Federal Court Justice Richard Mosley wrote that while the protests "reflected an unacceptable breakdown of public order," the invocation of the Emergencies Act "does not bear the hallmarks of reasonableness – justification, transparency and intelligibility."
"I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires," he wrote in a lengthy decision released Tuesday. "Ultra vires" is a Latin term used by courts to refer to actions beyond the scope of the law.