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Judge: government wasn’t legally justified to invoke the Emergencies Act

A year ago, Justice Paul Rouleau ruled that Canada’s federal government acted appropriately when it invoked the Emergencies Act to clear out “Freedom Convoy” protesters who were camping out around Parliament Hill back in 2022.

But this past week a different judge made the opposite call. Federal Court Justice Richard Mosley ruled that the government was not legally justified in invoking the Act.

For those who need a refresher, on Feb 14, 2022, the Canadian government invoked the Emergencies Act, claiming that the hundreds of semi-trucks and thousands of protesters that had been around Parliament Hill since late January of that year were a “threat to the security of Canada.”

Invoking the Act gave the government increased powers. However, any increase of power for government has to come with a corresponding loss of freedom for their citizens. For example, the government gained the power to freeze protesters’ bank accounts, and those they chose to do this to, lost the ability to access their own money. The government gained the power to ban protests, but, as Justice Mosley ruled earlier this week, they did so at the expense of citizens’ Charter Right to freedom of expression.

However, as The Globe and Mail’s Marieke Walsh and Sean Fine reported:

“The government failed to prove that there was an emergency, as defined by the Emergencies Act, with the protests not meeting the high threshold of a threat to the security of Canada, said. The government ‘cannot invoke the Emergencies Act because it is convenient, or because it may work better than other tools at their disposal or available to the provinces,’ he wrote.”

For Christians who have been wrestling with what the limits of government power are, this ruling presents another wrinkle. What does submission to government look like when one arm of the government declares something right, and another declares it wrong?

This ruling also confirms that just because a government official declares something doesn’t make it so. Even as our country drifts from God, it is still a nation of laws, not just a nation of men – we don’t have to submit to every whim of our political leader, but can appeal to a system of laws, including our Charter of Rights, that even the Prime Minister can be held accountable to.

Deputy Prime Minister Chrystia Freeland has announced the government plans to appeal.

Photo is of Ottawa protesters on January 29, 2022. Picture credit: Michel Elzo/Shutterstock