The lawsuit was brought against Canuckistan's Liberal misgovernment by the Canadian Civil Liberties Association, the Canadian Constitution Foundation, and other individuals concerned about the loss of freedom of speech, not to mention fines imposed by liberal judges and the confiscation (without notice or appeal) of their bank accounts.
The plaintiffs did not seek damages or reparations -- although claims for such may follow yesterday's ruling -- but a declaratory judgment confirming that Blackie McBlackface and his minions were wrong, wrong, wrong!
They argued before you can invoke the Emergencies Act, you have to have an emergency. The truckers' protests, they said, did not meet the legal threshold for the government to use the powers granted under the Act, which had never been used since its enactment in 1988, as a replacement for the War Mesures Act, a means of combatting terrorism.
The invocationt of the Act by "Little Potato" (as the Chinese call M Trudeau) -- reportedly at the urging of Senile Joe Biden hisself -- allowed the federal government to arrest the leaders of the Freedom Convoy, freeze bank accounts of protesters, and seize donations by supporters of the protest, including many American citizens and organizations.
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." Was there such an emergency? In February of 2023 the Whitewash Commission presided over by Mr Justice Paul Rouleau -- a Liberal appointee -- found "with reluctance" that the threshold had been met. After all, Blackie had gone into hiding at an undisclosed location -- not Jamaica but somewhere in the Gatineau hills -- so he must have thought it was a real threat.
On the contrary, Mr Justice 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. 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" on the rights guaranteed to Canadian citizens under the 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."
Prime Minister McBlackface was unavailable for comment yesterday, but the state-owned Canadian Broadcorping Castration reported that the lovely and fragrant Deputy Prime Minister said during a cabinet meeting in Montréal that the government intends to appeal the ruling.
The case will almost certainly go to the Federal Court of Appeal and likely beyond that to the Supreme Court of Canada. But the decision of Mr Justice Mosley -- like Mr Justic Rouleau, a Liberal appointee -- will be hard for Trudeau’s minions to dismantle.
Further reading:
"Turns out bouncy castles aren’t a national emergency after all", by Andrew Lawton, 24/1/24
"Was the Freedom Convoy a threat to Canada's national security?", WWW 28/11/22
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