BREAKING: Court rules Liberals' use of Emergencies Act was unjustified, unreasonable

[CdnFox]

OTTAWA – The Liberal government’s decision to invoke the Emergencies Act in response to the 2022 Freedom Convoy protests was unreasonable, unjustified and violated the Charter, the Federal Court has ruled.

In a lengthy ruling published Tuesday, Federal Court Justice Richard Mosley found that though the Freedom Convoy protests in early 2022 were causing harm to Canada’s economy, trade and commerce, they did not rise to the level of a threat to national security as defined by the law.

Mosley sided with civil liberties groups who argued the Liberal government went beyond its powers, violated the Charter and was not justified in its historic invocation of the Emergencies Act in February 2022.

“I have concluded that the decision to issue the Proclamation (of the Emergencies Act) does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified,” Mosley wrote.

On the same day, Deputy Prime Minister Chrystia Freeland said the government did not agree with Mosley’s decision and promised to appeal it.

WOO HOOOOOO!!!!!

What sane people have been saying all along. He violated people's human rights on a vast scale.  And now it's official.

The weiner is going to appeal it too, what a dick.

[Zeitgeist]

People who understand the necessary conditions of a free democracy knew that applying the Emergencies Act during the Freedom Convoy was unwarranted.

[Moonbox]

I wonder what the consequences are for this.  He'll lose the next election, and Freeland will go down with him, but surely it should be more than just a public recrimination and stern finger-wag...

I had zero sympathy for the Truckers and their protest (particularly at the Ambassador Bridge), but it was retarded that it needed the Emergencies Act to remove them.  

[CdnFox]

10 minutes ago, Moonbox said:

I wonder what the consequences are for this. 

Nothing for him. the gov't may owe some people some money in the end. No remedy was asked for here so the ruling doesn't immediately cost the gov't money but assuming it stands up to appeal, a lot of people may have grounds to file for damages of some sort. 

I think the tarnish to the reputation and being a 'convicted human rights violator' is really pretty much going to be it.

[suds]

18 minutes ago, CdnFox said:

Nothing for him. the gov't may owe some people some money in the end. No remedy was asked for here so the ruling doesn't immediately cost the gov't money but assuming it stands up to appeal, a lot of people may have grounds to file for damages of some sort. 

I think the tarnish to the reputation and being a 'convicted human rights violator' is really pretty much going to be it.

Experts are claiming the ruling sets a legal precedent that makes the government accountable for misuse of the act.  Not a bad thing really if it makes future governments think twice before using the act for political purposes.

[Jack9000]

joke of a court system   0 sympathy  for the truckers they got what they deserved .

[TreeBeard]

I doubt this ruling will have much effect on the average voter.  The Cons and their trucker allies will cheer, of course.   But the average Canadian won’t care what legal mechanism was used to remove the boneheads from the city, just that they were removed.  

[Michael Hardner]

1 hour ago, Moonbox said:

I wonder what the consequences are for this.  He'll lose the next election, and Freeland will go down with him, but surely it should be more than just a public recrimination and stern finger-wag...

I had zero sympathy for the Truckers and their protest (particularly at the Ambassador Bridge), but it was retarded that it needed the Emergencies Act to remove them.  

Zero consequences. Freeland won't lose anything, it's basically a safe seat.

[OftenWrong]

8 minutes ago, TreeBeard said:

I doubt this ruling will have much effect on the average voter.  The Cons and their trucker allies will cheer, of course.   But the average Canadian won’t care what legal mechanism was used to remove the boneheads from the city, just that they were removed.  

Hopefully you are wrong again...

  

[herbie]

Oh. They'll have to think about using it in similar circumstances.
Perhaps not let it drag on for so damn long and just order the Mayor on Day Two to send in the local police charging on horseback swinging billy clubs after one more reading of the riot act.
Just like the good old days 

Try it again and see.

[OftenWrong]

Now go after FM for freezing people's bank accounts too.

Or at least, for having really bad legs...

Don't look if you just had dinner...    

 

Edited January 23, 2024 by OftenWrong

[admined]

I'm trying to figure out why the Liberal government is so eager to fight this one. After all, if they would just let the ruling go quietly, it'll be out of the news in a few days and - if they're lucky - be mostly forgotten long before the next election. 

One possibility is that the ruling makes the government vulnerable to lawsuits - which could be even more damaging than the ruling alone. Although I'm not sure they'd be more expensive to taxpayers than a Supreme Court appeal (not that Liberals have ever worried about taxpayer money).

Perhaps it's also about ego: Trudeau and company might see themselves and their legacies as defined by the way they handled the convoy protests. Perhaps they just can't let it go. 

I guess there's a third option here: the Liberals imagine there's a vast population of pro-lockdown voters out there just waiting for their heroes to appear.

Any thoughts?

[suds]

1 hour ago, Jack9000 said:

joke of a court system   0 sympathy  for the truckers they got what they deserved .

The Judge was appointed to the court by Chretien.  I think he got it right.

[TreeBeard]

The decision is from a lower court.  It will be appealed to Federal Appeals Court by the government.  I don’t think this will be the final word by any stretch.  It’ll likely need a SC decision as the final determination. 

[Army Guy]

3 hours ago, Moonbox said:

I wonder what the consequences are for this.  He'll lose the next election, and Freeland will go down with him, but surely it should be more than just a public recrimination and stern finger-wag...

I had zero sympathy for the Truckers and their protest (particularly at the Ambassador Bridge), but it was retarded that it needed the Emergencies Act to remove them.  

Some media sites are saying it was unwarranted and there for illegal, not sure how, or what the procedures are for making an illegal decision. And i can not for the life of me find out when the last MP faced a court of law...

[CdnFox]

2 hours ago, suds said:

Experts are claiming the ruling sets a legal precedent that makes the government accountable for misuse of the act.  Not a bad thing really if it makes future governments think twice before using the act for political purposes.

Well that was their point in the lawsuit i think. There's no way if this was accepted that it's NOT used to go after blm or first nations later.

52 minutes ago, OftenWrong said:

Now go after FM for freezing people's bank accounts too.

Or at least, for having really bad legs...

Don't look if you just had dinner...    

 

Right? That picture has put me off chicken for the forseeable future.

[CdnFox]

4 minutes ago, Army Guy said:

Some media sites are saying it was unwarranted and there for illegal, not sure how, or what the procedures are for making an illegal decision. And i can not for the life of me find out when the last MP faced a court of law...

well the thing is the PM is pretty immune from illegal decisions.

But - the liberal party will go down in history as the only party to violate Canadians' human rights to protest.  That's going to sting a little bit and will come up now and again.

Its amusing to see the lefties on this board already trying to gloss over it and pretend it's no big deal   But  a lot of canadians especially young canadians will remember the ruling and it will colour their already negative impression of liberals whether they liked the convoy or not.

[Zeitgeist]

World upside down for sure, as the leftists on here are all-in on fascist government behaviour.  It’s quite the unexpected cynical twist: Label yourself champion of the little guy while crushing the little guy.  Never has Canada been as Orwellian as that last year of the pandemic. Reminds me of how so many hippies became Gordon Gekko “greed is good” Wall Street types. 

Edited January 24, 2024 by Zeitgeist

[Dougie93]

25 minutes ago, Zeitgeist said:

Reminds me of how so many hippies became Gordon Gekko “greed is good” Wall Street types. 

this is more like Apocalypse Now

 Lost in a Roman wilderness of pain
And all the children are insane
All the children are insane
Waiting for the summer rain

[Nefarious Banana]

6 hours ago, Moonbox said:

I wonder what the consequences are for this.  He'll lose the next election, and Freeland will go down with him, but surely it should be more than just a public recrimination and stern finger-wag...

I had zero sympathy for the Truckers and their protest (particularly at the Ambassador Bridge), but it was retarded that it needed the Emergencies Act to remove them.  

A real PM or President would have met with the truckers and tried to find a solution. Justin went into withdrawal (hiding) and spat insults at them.  What a gutless dork.  

[CdnFox]

16 minutes ago, Nefarious Banana said:

A real PM or President would have met with the truckers and tried to find a solution. Justin went into withdrawal (hiding) and spat insults at them.  What a gutless dork.  

And that is the correct answer.  And it's not like he didn't do that for other groups. But he made the situation infintely worse with his mishandling of it and then declared an emergency.

I wish would call him an emergency and throw him out of office tomorrow.  And maybe freeze his bank account.

[sharkman]

2 hours ago, Nefarious Banana said:

A real PM or President would have met with the truckers and tried to find a solution. Justin went into withdrawal (hiding) and spat insults at them.  What a gutless dork.  

Oh, there’s plenty of that going around.  In the Canadian Justice system, for instance, that lets all this time go by before standing up for Canadian rights.  Spineless bastards.  
It’s too late now, we are on a globalist course, with CBDC and 15 minute cities waiting for later this year.  

[Guest]

10 hours ago, Jack9000 said:

joke of a court system   0 sympathy  for the truckers they got what they deserved .

To see what truly is a joke, one needs to assess what happened.

A city opened its arms to a trucker convoy. Red carpet and all. Assured the truckers would leave by convoy leaders.

The police was incredibly incompetent, in allowing this to happen. No safety measures were taken, in relation to the scope of the potential threat. Meaning, government buildings, and the downtown core were left easily exposed.

Not only this, but their soft approach on the illegal protesters until the end. 

The prime Minister, cared more about his constituents than his country, and insulted the protesters, fully dismissing their voice and concerns--sort of echoing his treatment of those in his own country. 

Called their movement "unnacceptable views", and was incredibly opportunistic. 

Saw a person with a swastika flag in the crowd, and used it front and center to label anyone supporting this movement, as one in support of racism and other disgusting views. He turned Canada against this movement, and made sure to pour gasoline on the fire.

This just ratcheted up the temperature, and truckers dug in their heels as a result.

That city's mayor, decided to hold talks with this group, and got a rapid agreement to pull trucks further away from several residential areas--he was roasted by some liberal politicians getting zero support for his move. More gasoline, vs pulling out fire extinguishers.

Trudeau knew his crowd, and knew he could instigate virtually with no consequences. 

He even got out of dodge just in case  things got crazy.

You're looking at layers of incompetence which allowed this group to settle itself.

You're blaming the convoy, but who opened the doors and put the red carpet?

Who allowed things to get this bad? 

Truckers were arrested in droves. Leaders of this movement facing significant jail time.

This, is what is deserved.

Freezing bank accounts, is something you do under imminent threat.

There was no threat, whatsoever. Just annoyance. Plenty of it.

You're essentially justifying the use of tanks and war planes to stop a bank robber.

It makes absolutely no sense.

Cops should have found their balls early, and arrested people and stopped this movement the moment it became illegal.

[Gaétan]

We must pay tribute to the truckers who objected to the poisons and unnecessary health measures dictated by Trudeau and the NDP

[myata]

Stop this parody! This is no "court": it's joke that anyone who's not zombified by beaver tales can see right for what it is.

A real court would have stopped an abuse of power, or intended one, in the act. This is a joke, some kind of a silly, pointless and utterly useless show.

A picture book "democracy". See, we have "courts" too!