Going past the Public Inquiry whitewash where “another judge could’a found a different conclusion with the same facts” etc….now come the court. An actual court.
What will happen is like a game of Roulette. Round & Round & Round she goes…where it stops is anyone’s guess…
The hearing at federal court this week is not bound by the Rouleau Commission’s conclusion but will have the advantage of access to some of the testimony and documentary evidence presented during the public inquiry. And unlike Commissioner Rouleau’s report, the court will make a formal legal finding on the question of whether using the act was justified. The hearing has proceeded in the face of hurdle after hurdle being thrown up by the government, including claims of mootness, opposition to the admission of certain evidence from the Commission, and multiple other delay tactics.
The CCF and CCLA are arguing for a declaration that the government violated the law when the prime minister involved the Emergencies Act. The act vests tremendous power with cabinet, including the power to make new criminal law by executive order, without parliamentary debate or advance notice. In the decades since it was enacted in 1988, Canada has weathered terrorist attacks, economic hardship, and an unprecedented global health pandemic, all without ever resorting to the incredible powers contained in the Emergencies Act. The prime minister’s first ever use of this law was not in response to a natural disaster or the outbreak of war, but to a series of noisy and highly disruptive but largely peaceful protests.
The Trudeau government’s use of this law is controversial and may be the most severe example of overreach and violations of civil liberties that was seen during the pandemic. It constituted an unauthorized use of a powerful law because the legal threshold to use the law was not met. The Emergencies Act contains a last resort clause: it can only be used when there is a national emergency and there are no other laws at the federal, provincial and/or municipal levels which can address the situation. Parliament cannot use the Emergencies Act as a tool of convenience.
The hearing is brought by a group of civil liberties organizations, the Canadian Constitution Foundation and the Canadian Civil Liberties Association, who are arguing that the high threshold of the act was not met and that the regulations enacted under it, including the freezing of bank accounts, were unconstitutional.
The rest of the link:
There was no legal justification for using Emergencies Act against the Freedom Convoy
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