Federal Court finds Emergencies Act for ‘Freedom Convoy’ violated Charter | Canada News Media
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Federal Court finds Emergencies Act for ‘Freedom Convoy’ violated Charter

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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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Tensions, rhetoric abound as MPs return to House of Commons, spar over carbon price

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OTTAWA – Liberal House leader Karina Gould lambasted Conservative Leader Pierre Poilievre as a “fraudster” Monday morning after he said the federal carbon price is going to cause a “nuclear winter.”

Gould was speaking just before the House of Commons is set to reopen following the summer break. Monday is the first sitting since the end of an agreement that had the NDP insulate the Liberals from the possibility of a snap election, one the Conservatives are eager to trigger.

With the prospect of a confidence vote that could send Canadians to the polls, Bloc Québécois Leader Yves-François Blanchet cast doubt on how long MPs will be sitting in the House of Commons.

“We are playing chicken with four cars. Eventually, one will eat another one, and there will be a wreckage. So, I’m not certain that this session will last a very long time,” Blanchet told reporters on Monday.

On Sunday Poilievre said increasing the carbon price will cause a “nuclear winter,” painting a dystopian picture of people starving and freezing because they can’t afford food or heat due the carbon price.

He said the Liberals’ obsession with carbon pricing is “an existential threat to our economy and our way of life.”

The carbon price currently adds about 17.6 cents to every litre of gasoline, but that cost is offset by carbon rebates mailed to Canadians every three months.

The Parliamentary Budget Office provided analysis that showed eight in 10 households receive more from the rebates than they pay in carbon pricing, though the office also warned that long-term economic effects could harm jobs and wage growth.

Gould accused Poilievre of ignoring the rebates, and refusing to tell Canadians how he would make life more affordable while battling climate change.

“What I heard yesterday from Mr. Poilievre was so over the top, so irresponsible, so immature, and something that only a fraudster would do,” Gould said from Parliament Hill.

The Liberals have also accused the Conservatives of dismissing the expertise of more than 200 economists who wrote a letter earlier this year describing the carbon price as the least expensive, most efficient way to lower emissions.

Poilievre is pushing for the other opposition parties to vote the government down and trigger what he calls a “carbon tax election.”

Despite previously supporting the consumer carbon price, NDP Leader Jagmeet Singh has been distancing himself from the policy.

Singh wouldn’t say last week whether an NDP government would keep the consumer carbon price. On Monday, he told reporters Canadians were already “doing their part” to fight climate change, but that big polluters are getting a “free ride.”

He said the New Democrats will focus this fall on affordability issues like housing and grocery costs, arguing the Liberals and Conservatives are beholden to big business.

“Their governments have been in it for CEOs and big corporations,” he told reporters Monday on Parliament Hill.

Poilievre intends to bring a non-confidence motion against the government as early as this week but would likely need both the Bloc and NDP to support it. Neither have indicated an appetite for triggering an election.

Gould said she has no “crystal ball” over when or how often Poilievre might try to bring down the government.

“I know that the end of the supply and confidence agreement makes things a bit different, but really all it does is returns us to a normal minority parliament,” she said.

“That means that we will work case-by-case, legislation-by-legislation with whichever party wants to work with us,” she said, adding she’s already been in touch with colleagues in other parties to “make Parliament work for Canadians.”

The Liberals said at their caucus retreat last week that they would be sharpening their attacks on Poilievre this fall, seeking to reverse his months-long rise in the polls.

Freeland suggested she had no qualms with criticizing Poilievre’s rhetoric while having a colleague call him a fraudster.

She said Monday that the Liberals must “be really clear with Canadians about what the Conservative Party is saying, about what it is standing for — and about the veracity, or not, of the statements of the Conservative leader.”

Meanwhile, Gould insisted the government has listened to the concerns raised by Canadians, and received the message when the Liberals were defeated in a Toronto byelection in June, losing a seat the party had held since 1997.

“We certainly got the message from Toronto-St. Paul’s and have spent the summer reflecting on what that means and are coming back to Parliament, I think, very clearly focused on ensuring that Canadians are at the centre of everything that we do moving forward,” she said.

The Liberals are bracing, however, for the possibility of another blow Monday night, in a tight race to hold a Montreal seat in a byelection there. Voters in LaSalle—Émard—Verdun are casting ballots today to replace former justice minister David Lametti, who was removed from cabinet in 2023 and resigned as an MP in January.

The Conservatives and NDP are also in a tight race in Elmwood-Transcona, a Winnipeg seat that has mostly been held by the NDP over the last several decades.

There are several key bills making their way through the legislative process, including the online harms act and the NDP-endorsed pharmacare bill, which is currently in the Senate.

This report by The Canadian Press was first published Sept. 16, 2024.



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B.C. commits to earlier, enhanced pensions for wildland firefighters

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VICTORIA – British Columbia Premier David Eby has announced his government has committed to earlier and enhanced pensions for wildland firefighters, saying the province owes them a “deep debt of gratitude” for their efforts in battling recent fire seasons.

Eby says in a statement the province and the BC General Employees’ Union have reached an agreement-in-principle to “enhance” pensions for firefighting personnel employed directly by the BC Wildfire Service.

It says the change will give wildland firefighters provisions like those in other public-safety careers such as ambulance paramedics and corrections workers.

The statement says wildfire personnel could receive their earliest pensions up to five years before regular members of the public service pension plan.

The province and the union are aiming to finalize the agreement early next year with changes taking effect in 2026, and while eligibility requirements are yet to be confirmed, the statement says the “majority” of workers at the BC Wildfire Service would qualify.

Union president Paul Finch says wildfire fighters “take immense risks and deserve fair compensation,” and the pension announcement marks a “major victory.”

“This change will help retain a stable, experienced workforce, ready to protect our communities when we need them most,” Finch says in the statement.

About 1,300 firefighters were employed directly by the wildfire service this year. B.C. has increased the service’s permanent full-time staff by 55 per cent since 2022.

About 350 firefighting personnel continue to battle more than 200 active blazes across the province, with 60 per cent of them now classified as under control.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.

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AtkinsRéalis signs deal to help modernize U.K. rail signalling system

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MONTREAL – AtkinsRéalis Group Inc. says it has signed a deal with U.K. rail infrastructure owner Network Rail to help upgrade and digitize its signalling over the next 10 years.

Network Rail has launched a four-billlion pound program to upgrade signalling across its network over the coming decade.

The company says the modernization will bring greater reliability across the country through a mixture of traditional signalling and digital control.

AtkinsRéalis says it has secured two of the eight contracts awarded.

The Canadian company formerly known as SNC-Lavalin will work independently on conventional signalling contract.

AtkinsRéalis will also partner with Construcciones y Auxiliar de Ferrocarriles, S.A.(CAF) in a new joint venture on a digital signalling contract.

This report by The Canadian Press was first published Sept. 16, 2024.

Companies in this story: (TSX:ATRL)

The Canadian Press. All rights reserved.

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