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Trudeau gov’t use of Emergencies Act ruled ‘not justified,’ violation of Charter rights

Published

1 year ago

5 minute read

From LifeSiteNews

By Clare Marie Merkowsky

Opposition leader Pierre Poilievre called for Trudeau to be ‘fired’ over his misuse of the Emergency Act. Poilievre argued that the current Prime Minister ’caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens.’

The Canadian Federal Court has announced that the Trudeau government’s use of the Emergencies Act was ‘not justified’ and a violation of the Charter of Rights and Freedoms.

On January 23, Federal Court Justice Richard Mosley ruled that Prime Minister Justin Trudeau was ‘not justified’ in invoking the Emergency Act (EA) to shut down the 2022 Freedom Convoy which protested COVID regulations and vaccine mandates.  

“Having found that the infringements of Charter sections 2(b) and 8 were not minimally impairing, I find that they were not justified under section 1,” 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.”

According to the ruling, the EA is meant to be reserved as a last resort if all other means fail. It cannot be invoked unless all other measures have been exhausted.  

Furthermore, the ruling pointed out that there were other means to end the protest, such as provisions in the Criminal Code, which the province of  Alberta had argued at the time.  

The decision stated that, in addition to being an unnecessary measure,  the EA had violated Canadians’ Charter rights, specifically infringing on freedom of thought, opinion, and expression. 

The Freedom Convoy protest took place in early 2022 in Ottawa and featured thousands of Canadians calling for an end to COVID mandates by camping outside Parliament in Ottawa.  

In response, Prime Minister Justin Trudeau’s federal government enacted the EA on February 14, 2022 to shut down the popular movement.  The measures included freezing the bank accounts of Canadians who donated to the protest.  

Trudeau had disparaged unvaccinated Canadians, saying those opposing his measures were of a “small, fringe minority” who hold “unacceptable views” and do not “represent the views of Canadians who have been there for each other.”   

Trudeau revoked the EA on February 23 after the protesters had been cleared out. At the time, seven of Canada’s 10 provinces opposed Trudeau’s use of the EA .

Additionally, several organizations, including the Canadian Civil Liberties Foundation, the CCF, the Canadian Frontline Nurses, four private applicants, lawyers for the Alberta Government, legally challenged Trudeau’s invoking of the measure.

They have now won their case, a decision immediately celebrated by Canadians on social media. 

Conservative Party leader Pierre Poilievre called for Trudeau to be ‘fired.’ He argued that the current Prime Minister  “caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens.” 

“As PM, I will unite our country for freedom,” he promised. 

Similarly, Justice Centre for Constitutional Freedoms lawyer Eva Chipiuk wrote, “This is big! What does it mean for the federal government, elected officials and all those disparaged and defamed protestors, I do not know. But this is big news!” 

“Do not be afraid to stand up to your government,” she encouraged. “In fact, it is your job as a citizen in democracy. Your voice matters, don’t let anyone tell you otherwise.” 

Additionally, the National Citizens Coalition celebrated the ruling, saying, “Trudeau and Freeland’s Emergencies Act was always ‘unreasonable.’ And of course they violated the Charter. Today’s judicial ruling is a win for all freedom-loving Canadians.” 

In response, Liberal Deputy Prime Minister and Finance Minister Chrystia Freeland announced the Trudeau government disagreed with the ruling and planns to appeal the decision.  

 

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Chris Barber asks Court to stay proceedings against him

Published on April 18, 2025

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Chris Barber leaves the courthouse in Ottawa after the verdict was delivered in his trial with fellow Freedom Convoy organizer Tamara Lich, on Thursday, April 3, 2025. (Photo credit: THE CANADIAN PRESS/Justin Tang)

Justice Centre for Constitutional Freedoms

“Chris Barber consistently followed the legal advice that he received from police officers, lawyers, and a Superior Court judge.”

The Justice Centre for Constitutional Freedoms announces that Chris Barber has asked the Ontario Court of Justice for a stay of proceedings against him. He argues that the legal advice given to him by police officers, lawyers, and a Superior Court judge during the Freedom Convoy was erroneous and that, as a result, the Crown is not entitled to convict him.

On April 3, 2025, Justice Heather Perkins-McVey of the Ontario Court of Justice found Mr. Barber guilty of mischief and of counselling others to breach a court order. That decision followed upon a lengthy 45-day trial stretching from September 2023 to September 2024.

Diane Magas, Chris Barber’s lawyer, filed a Stay of Proceedings Application with the Court on April 16, 2025. In that Application, Mr. Barber and his legal team argue that he did, in fact, seek legal advice regarding his actions during the Freedom Convoy protest.

For example, he followed Ottawa Police Services directions on where to park trucks in downtown Ottawa. When an officer asked him to move his truck, “Big Red,” from downtown Ottawa, he moved it. On February 7 and 16, 2022, his lawyer at the time advised him that Justice Maclean of the Superior Court had confirmed that the protest could continue so long as it continued to be peaceful and safe.

In essence, Chris Barber and his legal team are now arguing that he followed all legal advice that was given to him in 2022, but that some of the legal advice he was given turned out to be erroneous.

His Application argues for a stay of proceedings against him on the grounds that “he sought advice from lawyers, police officers, and a Superior Court Judge on the legality of the protest he was involved in.”

This Application was filed one day after Chris Barber was informed that the Crown was pursuing a two-year prison sentence against him. In an April 15 Facebook post, Mr. Barber wrote, “My family got bad news today. The Crown prosecutor wants to lock Tamara Lich and me in prison for two years-for standing up for freedom. They also want to [seize] my truck, Big Red, and crush her like she’s just scrap metal or sell it at auction.”

If the Application is successful, Mr. Barber would not see prison time, nor would his truck be seized.

“Throughout the peaceful Freedom Convoy, Chris Barber did what any law-abiding Canadian would do: seeking out and acting upon the best legal advice available to him,” stated John Carpay, President of the Justice Centre. “Chris Barber consistently followed the legal advice that he received from police officers, lawyers, and a Superior Court judge.”

“To hold a well-meaning man behind bars for two years and to confiscate his property, as is now demanded by the Crown, would bring the administration of justice into disrepute,” Mr. Carpay continued. “Crown prosecutors are painting a portrait of a dangerous criminal, even while Chris Barber sought out and followed legal advice when participating in the Freedom Convoy in Ottawa in 2022. Chris worked within the law when peacefully exercising his Charter freedoms of expression, assembly and association.”

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Tamara Lich and Chris Barber trial update: The Longest Mischief Trial of All Time continues..

Published on April 17, 2025

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Here are the last two posts on Tamara Lich’s Substack posted April 16 and April 17:

April 17: 

We weren’t able to secure a date yesterday for the sentencing hearing and instead another ‘speak to’ was set for April 28. In addition to time needed to enter numerous impact statements (coincidentally and conveniently comprised of individuals suing us for $300,000,000.00), the Crown has added a forfeiture order to seize Big Red which will add significant time to argue. Therefore I suspect all parties will need to find 4-5 days in their schedules for the sentencing hearing.

The Crown is also seeking two years in federal prison for each of us.

Three days were tentatively set aside at the end of May for a Stay of Proceedings application put forth yesterday by Ms. Magus on Chris’ behalf.

And so The Longest Mischief Trial of All Time continues to plod along, still no end in sight.

 

April 16:

In our trial, the longest mischief trial of all time, we set hearing dates to set hearing dates.

There will be a ‘speak to’ this afternoon to set a date for the sentencing hearing which we think will take 3-4 days. Following that hearing, Chris and I will return to Ottawa again for the actual sentence.

The Crown is seeking 2 years in a federal penitentiary for both of us, plus they have decided to file an application to confiscate Big Red. Funny, there hasn’t been a single other convoy case in which the Crown demanded that persons property or vehicle, yet they seem to want Big Red. You need to ask yourself why.

Chris raised his children in that truck, changed their diapers in that truck, had his old dog, Buddy, put to sleep in the passenger seat when his time came because that was Buddy’s favourite place in the world.

This is not about the rule of law.

It’s about crushing a Canadian symbol of Hope, Pride & Unity

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