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Federal Court finds Emergencies Act for ‘Freedom Convoy’ violated Charter

Published

9 months ago

January 25, 2024

The Federal Court has ruled the Trudeau government’s decision to invoke the Emergencies Act during the so-called “Freedom Convoy” that descended on Ottawa in 2022 violated the Charter of Rights and Freedoms.

In his ruling, Justice Richard G. Mosley said the move was “unreasonable” and outside the scope of the law. Mosley is a 21-year veteran of the Federal Court and is a respected voice on national security legal matters. He has weighed in on some of the most high-profile recent cases in Canadian intelligence, including a 2016 decision that found CSIS had been illegally storing Canadians’ communication data for more than a decade.

The case was brought forward by the Canadian Civil Liberties Association (CCLA), the Canadian Constitution Foundation, Canadian Frontline Nurses and a handful of individuals.

Mosley wrote, “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.”

“I think it’s in the interest of this government and future governments and all Canadians that the threshold to invoke the Emergencies Act remains high and that it is truly, as Justice Mosley says, a legislation of last resort,” CCLA lawyer Ewa Krajewska told Global News.

Deputy Prime Minister Chrystia Freeland says that Ottawa will appeal the ruling.

“We respect very much Canada’s independent judiciary, however we do not agree with this decision, and respectfully we will be appealing it,” Freeland said at the cabinet retreat in Montreal.

Freeland, flanked by Attorney General Arif Virani and Public Safety Minister Dominic LeBlanc, said that in the opinion of the government public, national and economic security was under threat during the protest, and said the decision to invoke the Emergencies Act for the first time was a “hard decision.”

“We were convinced at the time – I was convinced at the time – it was the right thing to do. It was the necessary thing to do. I remain and we remain convinced of that,” Freeland said.

Krajewska said it’s not unexpected the federal government is appealing the decision, but is surprised to see this intent announced so quickly.

“I hear the ministers that they sincerely felt that they were doing the right thing and invoking it, but they misapprehended the legal threshold that needed to exist in order for them to invoke it,” she said.

“They felt that they needed to react to the situation, and this was the best reaction. But it wasn’t.”

LeBlanc discussed how the situation expanded beyond Ottawa to the Ambassador Bridge in Windsor, a key trade route with the United States, and the Coutts border crossing in Alberta.

“It’s not banal when security services tell you that they found two pipe bombs and 36,000 rounds of ammunition and ended up laying criminal charges as serious as conspiracy to commit murder and assaulting peace officers. So the context is important,” LeBlanc said.

Four people were charged with conspiracy to commit murder that were associated with the border blockade in Coutts.

Much of the Coutts blockade was cleared prior to the February 14, 2022 declaration of a public order emergency, the first step in invoking the act.

The CCLA successfully argued that the existing laws of Canada were sufficient in dealing with the blockades and extraordinary powers granted by the Emergencies Act were not needed.

“Yes, what was happening in Coutts may have been concerning, but [Mosley] finds that the existing laws of Canada were sufficient to deal with what was happening in Coutts and elsewhere in the country, and that is what the government was not able to demonstrate,” Krajewska said.

During the Public Order Emergency Commission (POEC), Justice Paul Rouleau said that the decision to invoke the act met the “very high threshold” outlined in the legislation.

The Public Order Emergency Commission was required under the law, which states that any time the Emergencies Act is invoked there must be an inquiry to probe whether the use was warranted and that the work on that needs to begin within 60 days.

Krajewska pointed out that while Rouleau’s report found the government was justified, he pointed out people could reasonably disagree with his decision and it was not a legal analysis.

What does the court ruling reveal?

The ruling includes a secret February 2022 memo from the Privy Council Office (PCO), the central government department that supports the prime minister, recommending Trudeau invoke emergency powers.

The document, which was partially censored and marked “cabinet confidence” – some of the most sensitive information in the federal government – noted that PCO believed the “examples of evidence to date” support the conclusion that the Emergencies Act was required.

Although from the outset, PCO noted their conclusion could be challenged.

“While there is no current evidence of significant implications by extremist groups or international sponsors, PCO notes that the disturbance and public unrest is being felt across the country and beyond the Canadian borders, which may provide further momentum to the movement and lead to irremediable harms – including to social cohesion, national unity, and Canada’s international reputation,” the document read.

“In PCO’s view, this fits within the statutory parameters defining threats to the security of Canada, though this conclusion may be vulnerable to challenge.”

Nevertheless, Canada’s most senior bureaucrat at the time – Clerk of the Privy Council Janice Charette – approved the memo recommending the Emergencies Act be invoked.

PCO’s recommendation noted that “while municipal and provincial authorities have taken decisive action in key affected areas,” the situation was “concerning, volatile and unpredictable.”

“In addition, PCO is of the view that this is a national emergency situation that is urgent, critical, temporary and seriously endangers the health and safety of Canadians that cannot be effectively dealt with uniquely by the provinces or territories,” the document reads.

Krajewska tells Global News that the document was first produced during POEC, and the CCLA had it submitted to the court during this case.

“I think it’s very important from a democracy and transparency perspective that the government produced this document during POEC and that it’s now been appended to this decision,” Krajewska said.

“It’s important for Canadians to understand how the decision was made and what information the government had before it when it was making this decision.”

The document is a remarkable window into the advice Trudeau was getting from the public service during the crisis. Cabinet documents are very rarely released, and even the censored version contained some revelations.

For instance, it shows PCO was in active talks with the Canadian Armed Forces (CAF) about how the military might assist in ending the protests should they be required.

“Nothing in the invocation implies a role for the Canadian Armed Forces (CAF) in the response to this emergency. Planning does continue to explore whether, how and when military assets could be used to advise and assist with the management of the situation,” the document read.

“This could include CAF providing available resources and equipment support such as towing operations. CAF could also be deployed to support law enforcement in certain situations, in response to a request from a province/territory.”

Global News had obtained documents in August 2022 indicating the same, and reported that Canada’s defence chief receiving a legal memo that appeared to address questions around the role of the military in aiding law enforcement minutes after the invocation was announced.

Defence experts at the time said the Canadian military faced an “exceptional” and “unprecedented” challenge in determining what — if any — role it could play in clearing the demonstration.

The PCO memo revealed on Tuesday also notes that while Premier Doug Ford was an enthusiastic supporter of Trudeau invoking emergency powers, other premiers were more skeptical.

“A large number of other premiers expressed concern about the need to act carefully to avoid enflaming the underlying sentiment they considered to lie behind the protest, which they linked to public health measures including vaccine mandates,” the document read.

“These premiers were not seeing the local manifestations of this movement yet in their jurisdiction.”

Quebec Premier François Legault “had a strong negative reaction to the proposal, saying that he would oppose the application of federal emergency legislation in Quebec,” where the memory of Trudeau’s father invoking the War Measures Act during the FLQ crisis is still alive.

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Roughriders whip Lions 39-8, clinch home playoff game

Published

6 hours ago

October 12, 2024

Anne Joseph

REGINA – As the Saskatchewan Roughriders continue to climb up the standings of the CFL’s West Division, quarterback Trevor Harris is adamant the team is not looking ahead at the post-season.

The Riders clinched a playoff berth with a 28-25 victory over the Edmonton Elks on Oct. 5. On Saturday, Saskatchewan secured a home playoff game with an impressive 39-8 victory over the B.C. Lions, extending its winning streak to four games.

The victory improves Saskatchewan’s record to 9-7-1 and puts the Riders three points ahead of the 8-9-0 Lions for second place in the West with one regular-season game remaining for both squads.

The Riders are also still in the running for first place in the division. The Winnipeg Blue Bombers currently are in top spot with a 10-7-0 record. Both teams have their regular-season finale on Oct. 26. If the Bombers lose to the Montreal Alouettes and the Riders defeat the Calgary Stampeders, Saskatchewan would earn top spot.

According to Harris, the Riders aren’t celebrating a lopsided victory or focusing on a post-season run.

“It’s more just about going 1-0 this week. Whether you win by that many or you win by two, that’s the same amount of points in the win column. It’s just about us making sure we continue to get better,” said Harris, who finished 25 of 30 passing for 271 yards and two touchdowns.

“This is not like our arrival. We haven’t done anything. We haven’t accomplished what we want to yet. We’re on our way there but we’ve just got to continue to make sure we’re keep climbing this mountain.”

The Riders used a tenacious defensive effort to fuel the victory. In the first half, the Riders caused four turnovers on seven B.C. possessions — two interceptions, one fumble and one turnover on downs. The Lions finished the game with six turnovers as they also turned the ball over on downs twice in the second half.

On the second offensive play of the game, Saskatchewan defensive back A.J. Allen intercepted B.C.’s Nathan Rourke and returned the ball 45 yards for a touchdown. It was a bizarre play as Rourke’s pass first deflected off the hands of running back William Stanback, then his heel before getting tipped by Riders defensive backs Rolan Milligan and Deontai Williams. Allen finally caught the ball and sprinted down the sideline for the touchdown.

“It was a crazy play. I was talking to A.J. before the game and I asked him, ‘Are you going to get your first pick today?’ And he was like, ‘Yeah, I’m going to get me a pick.’ I was real happy for him. That play gave us a lot of momentum and we were on our way for the rest of the game,” said Riders defensive back Rolan Milligan.

For Riders head coach Corey Mace, Allen’s interception and the six turnovers are result of his players practising what he preaches.

“I think the football gods maybe owed us one or two (on the Allen interception), so we’ll take that. It’s just about being around the football. It went off a few guys and A.J. ended up making a heck of a play,” said Mace.

“You’ve got to be around the football for good things to happen. We’ve been talking about that for since the first day, so to see it come to fruition and kind of validates.”

The biggest momentum swing occurred late in the second quarter with the Riders holding a 16-8 lead. Safety Nelson Lokombo forced a fumble with 1:22 left in the quarter, knocking the ball away from B.C. receiver Justin McInnis. The Riders recovered on the Saskatchewan 49-yard line.

Harris then drove the Riders five plays down the field, culminating with an eight-yard touchdown pass to Jerreth Sterns with 21 seconds left in the half.

On the next play from scrimmage, Saskatchewan linebacker C.J. Avery intercepted Rourke, returning the ball 41 yards to the Lions’ 10-yard line with three seconds left on the clock. Brett Lauther then kicked an 18-yard field to increase the Saskatchewan lead to 26-8.

Harris was actually concerned that his touchdown pass to Sterns left too much time on the clock for the Lions.

“I was actually trying to milk the clock down a little bit more, because I wanted the time to be at none by the time we went into halftime. I felt like I left them a couple plays there but fortunately, we’re able to get an interception and get three points at the end of the half.

“I’m not sure it made the difference in the game, but it was awesome for us to make sure that we continued to put our foot on the accelerator.”

The impact of the turnovers was evident in the offensive numbers at the half, which were relatively equal despite the Riders holding an 18-point lead. In the half, Saskatchewan had 14 first downs and 224 yards of total offence to B.C.’s 11 first downs and 186 yards of total offence.

Kian Schaffer-Baker also had a touchdown catch for the Riders while Lauther finished six-for-six in field goals. Running back A.J. Ouellette returned to the lineup after a stint on the six-game injury list and gained 84 yards on 16 carries.

Saskatchewan receiver Samuel Emilus caught six passes for 94 yards to move him over the 1,000-yard mark for the 2024 season. Emilus, who had 1,097 yards receiving in 2023, has 1,064 yards this season.

David Mackie had a two-yard touchdown run for the Lions. Rourke, who was replaced by Chase Brice in the fourth quarter, was 15 of 23 for 200 yards with two interceptions

UP NEXT

Lions: Host the Montreal Alouettes (11-3-1) on Saturday, Oct. 19.

Saskatchewan: Bye week, then host the Calgary Stampeders (4-11-1) on Saturday, Oct. 26.

This report by The Canadian Press was first published Oct. 12, 2024.

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England’s women’s rugby squad edges Canada 21-12 for WXV title

Published

6 hours ago

October 12, 2024

Anne Joseph

VANCOUVER – England’s women’s rugby team captured a second straight WXV title Saturday, beating Canada 21-12 in the international tournament’s finale.

Maud Muir, Sarah Bern and Zoe Aldcroft each had a try, and Helena Rowland booted three conversions for the Red Roses.

Justine Pelletier and Alex Tessier each touched for Canada. Tessier also contributed a conversion.

The Canadians took the lead midway through the second half, scoring on a penalty, but couldn’t hold on to the advantage.

England went undefeated across the tournament and remain atop the world rankings with 20 straight victories. The squad has not lost since falling to New Zealand in the World Cup final back in November 2022.

The world No. 2 Canadians finished with a 2-1-0 record after earlier wins over fourth-ranked France and No. 6 Ireland.

Canada opened the scoring in the fourth minute Saturday after Pelletier picked the ball out of a pile ahead of the goal line. She was taken down, but found room to turn and touch, giving the home side an early 5-0 lead.

The Red Roses were quick to respond with a quick drive up the field.

Alex Matthews collected the ball out of the scrum and sprinted up to the line, where Canada held her off. But the visitors regrouped and Muir powered through traffic for a try. Rowland hit the conversion and England went up 7-5 in the 10th minute.

The two sides then settled in for defensive battle.

England controlled 61 per cent of possession over the first half, but Canada weathered the pressure and created turnovers that forced the visitors back again and again.

The Canadians created a flurry of chances late, including in the 39th minute when Paige Farries came within inches of a try, only to get held up.

England held a 7-5 advantage heading into halftime, but trouble brewed for the Red Roses early in the second frame.

Ellie Killdune was sent to the box in the 44th minute after Canada’s Pamphinette Buisa was taken out as she sprinted down the field. The Canadians struggled at first to make use of the advantage, but continued grinding.

In the 51st minute, Tessier slipped through England’s line, darted up the field and slid in to touch. She then sent a kick soaring through the uprights to put Canada up 12-7.

Bern restored England’s lead in the 67th minute, breaking a Canadian tackle on the goal line and stretching over to touch. Rowland’s conversion was good and the Red Roses went up 14-12.

Aldcroft sealed the victory with a try in the 81st minute and Rowland put a final kick through the uprights before the horn sounded.

Earlier Saturday, New Zealand toppled France 39-14.

Now in its second year, the WXV is a three-tiered tournament, with teams in the top division coming from the top three finishers in the Pacific Four Series (Canada, New Zealand and the United States) and Women’s Six Nations Championship (England, France and Ireland).

This report by The Canadian Press was first published Oct. 12, 2024.

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England’s women’s rugby squad edges Canada 21-12 for WXV title

Published

6 hours ago

October 12, 2024

Anne Joseph

VANCOUVER – England’s women’s rugby team captured a second straight WXV title Saturday, beating Canada 21-12 in the international tournament’s finale.

Maud Muir, Sarah Bern and Zoe Aldcroft each had a try, and Helena Rowland booted three conversions for the Red Roses.

Justine Pelletier and Alex Tessier each touched for Canada. Tessier also contributed a conversion.

The Canadians took the lead midway through the second half, scoring on a penalty, but couldn’t hold on to the advantage.

The world No. 2 Canadians finished with a 2-1-0 record after earlier wins over fourth-ranked France and No. 6 Ireland.

The Red Roses were quick to respond with a quick drive up the field.

The two sides then settled in for defensive battle.

England controlled 61 per cent of possession over the first half, but Canada weathered the pressure and created turnovers that forced the visitors back again and again.

The Canadians created a flurry of chances late, including in the 39th minute when Paige Farries came within inches of a try, only to get held up.

England held a 7-5 advantage heading into halftime, but trouble brewed for the Red Roses early in the second frame.

In the 51st minute, Tessier slipped through England’s line, darted up the field and slid in to touch. She then sent a kick soaring through the uprights to put Canada up 12-7.

Bern restored England’s lead in the 67th minute, breaking a Canadian tackle on the goal line and stretching over to touch. Rowland’s conversion was good and the Red Roses went up 14-12.

Aldcroft sealed the victory with a try in the 81st minute and Rowland put a final kick through the uprights before the horn sounded.

Earlier Saturday, New Zealand toppled France 39-14.

This report by The Canadian Press was first published Oct. 12, 2024.

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