- Judge says Canada’s use of Emergencies Act to quell truckers’ protests over COVID was unreasonable
A Canadian judge concluded that the government’s use of the Emergencies Act to silence weeks of protests by truckers and others upset with COVID-19 restrictions in 2022 was unjustified and unconstitutional.
Thousands of protestors crowded the streets of Ottawa and swarmed Parliament Hill, railing against vaccine mandates for truckers and other safeguards while slamming Prime Minister Justin Trudeau’s Liberal administration.
The statute empowered authorities to designate specific places as no-go zones. It also enabled authorities to seize drivers’ personal and business bank accounts and order tow truck companies to remove automobiles.
In protest, members of the self-styled Freedom Convoy blocked border crossings between the United States and Canada. After learning of a stash of guns and ammunition, police arrested 11 people at the blockaded crossing in Coutts, Alberta, which is opposite Montana.
In a decision announced on Tuesday, Federal Court Justice Richard Mosley stated that invoking the Emergencies Act violated constitutional rights.
“I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable,” Mosley said in a statement.
Deputy Prime Minister Chrystia Freeland stated that the administration will appeal. Freeland said it was a difficult decision to use the act, but the protests posed a severe threat to public safety, national security, and Canada’s economic security.
“I do not wish to downplay the significance of the deeds we committed. Neither do I want to downplay the depth of the threats Canada faces,” Freeland stated.
The Canadian Civil Liberties Association, along with many other organisations and individuals, argued in court that Ottawa imposed emergency measures without justification.
The government said that the efforts it took were targeted, proportional, time-limited, and consistent with Canada’s Charter of Rights and Freedoms.
A public commission led by another judge already determined that the majority of the emergency measures were appropriate.
The protests were initially focused on a COVID-19 vaccine obligation for cross-border truckers. They finally included outrage about COVID-19 limits as well as hostility against Trudeau, reflecting the spread of misinformation in Canada and boiling populist and right-wing rage.
The Freedom Convoy upset Canada’s image for civility, inspiring convoys in France, New Zealand, and the Netherlands while disrupting commercial traffic. For over a week, the busiest US-Canada border crossing between Windsor, Ontario, and Detroit was closed. It accounts for more than 25% of trade between countries.
