Freedom Convoy
Ottawa spent “excessive” $2.2 million fighting Emergencies Act challenge
News release from the Canadian Constitution Foundation
Federal Court Justice Richard Mosley found in January that the February 2022 invocation of the Emergencies Act to deal with the Freedom Convoy protests was unreasonable because there was no national emergency nor threats to security of Canada as were required to invoke the Act.
The Canadian Constitution Foundation is shocked to learn that Ottawa spent more than $2 million of taxpayer funds unsuccessfully fighting the legal challenge launched by the CCF and others to the Trudeau government’s illegal invocation of the Emergencies Act in 2022.
The $2,231,000 figure was revealed by the Department of Justice in response to an inquiry from Conservative civil liberties critic Marilyn Gladu.
The hefty figure was first reported in the Globe and Mail. Experienced counsel told the Globe that the amount spent was “excessive.”
The number includes the cost that the government spent fighting the judicial review of the invocation decision in Federal Court. It does not include the cost of Ottawa’s appeal, which is proceeding at the Federal Court of Appeal.
Federal Court Justice Richard Mosley found in January that the February 2022 invocation of the Emergencies Act to deal with the Freedom Convoy protests was unreasonable because there was no national emergency nor threats to security of Canada as were required to invoke the Act.
Justice Mosley also found that regulations made as a result of the invocation violated freedom of expression because they captured people who “simply wanted to join in the protest by standing on Parliament Hill carrying a placard” and the right to be free from unreasonable searches and seizures because bank accounts were frozen without any sort of judicial pre-authorization.
CCF Litigation Director Joanna Baron was dismayed to learn how much Ottawa spent.
“Civil liberties groups like the CCF rely on regular Canadians who care about rights and freedoms to fund this type of public interest litigation,” she said.
“The fact that the government seems willing to spend whatever it takes to defend its unlawful decision shows what we’re up against when we fight to protect the constitution and the rule of law.”
The CCF is calling on the federal government to drop the appeal of Justice Mosley’s decision.
Canadians who agree with the decision are encouraged to sign the CCF’s online petition calling on the government to drop the appeal. The CCF is also asking Canadians to consider making a tax-deductible charitable donation to the CCF that will assist with fighting the appeal.
The CCF is represented by Sujit Choudhry of Haki Chambers and Janani Shanmuganathan of Goddard & Shanmuganathan.
COVID-19
Court compels RCMP and TD Bank to hand over records related to freezing of peaceful protestor’s bank accounts
The Justice Centre for Constitutional Freedoms announces that a judge of the Ontario Court of Justice has ordered the RCMP and TD Bank to produce records relating to the freezing of Mr. Evan Blackman’s bank accounts during the 2022 Freedom Convoy protest.
Mr. Blackman was arrested in downtown Ottawa on February 18, 2022, during the federal government’s unprecedented use of the Emergencies Act. He was charged with mischief and obstruction, but he was acquitted of these charges at trial in October 2023.
However, the Crown appealed Mr. Blackman’s acquittal in 2024, and a new trial is scheduled to begin on August 14, 2025.
Mr. Blackman is seeking the records concerning the freezing of his bank accounts to support an application under the Charter at his upcoming retrial.
His lawyers plan to argue that the freezing of his bank accounts was a serious violation of his rights, and are asking the court to stay the case accordingly.
“The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government,” says constitutional lawyer Chris Fleury.
“These records will hopefully reveal exactly how and why Mr. Blackman’s accounts were frozen,” he says.
Mr. Blackman agreed, saying, “I’m delighted that we will finally get records that may reveal why my bank accounts were frozen.”
This ruling marks a significant step in what is believed to be the first criminal case in Canada involving a proposed Charter application based on the freezing of personal bank accounts under the Emergencies Act.
Freedom Convoy
Freedom Convoy leader Chris Barber to learn in July whether or not he could face jail time
From LifeSiteNews
Chris Barber could receive a possible two-year sentence for his role in the 2022 protests after being found guilty of mischief.
Freedom Convoy leader Chris Barber will learn on July 21 whether or not he could face jail time when a ruling on a request for a stay of proceedings in his case will be announced by a judge.
Barber is facing potential jail time for his role in the 2022 protests that saw him being found guilty of mischief as well as the possible forfeiture of the truck he used in the convoy.
Freedom Convoy leader Tamara Lich announced on X that Barber’s request for a stay of proceedings was forthcoming.
“We attended court yesterday (virtually) to wrap up Chris’ Stay of Proceedings hearing. Her Honour will deliver her decision on this matter on the morning of July 21,” Lich wrote on X late last week.
“Following that we will begin the sentencing hearing which is scheduled for July 21, 23 and 25, likely kicking off with the Crown’s forfeiture order for Big Red.”
In April, Barber said that the Crown is seeking a two-year jail sentence against him and is also looking to seize the truck he used in the protest. As a result, his legal team asked for a stay of proceedings.
He and his legal team have argued that all proceedings should be stopped because he “sought advice from lawyers, police and a Superior Court Judge” regarding the legality of the 2022 protest. If his application is granted, Barber would avoid any jail time.
In April, both Lich and Barber were found guilty of mischief for their roles as leaders of the 2022 protest and as social media influencers despite the non-violent nature of the demonstration.
Lich is to be sentenced on July 23.
The Lich and Barber trial concluded in September 2024, more than a year after it began. It was only originally scheduled to last 16 days.
Lich and Barber were initially arrested on February 17, 2022, meaning their legal battle has lasted longer than three years.
Despite the peaceful nature of the Freedom Convoy, then-Prime Minister Justin Trudeau and his Liberal government invoked the Emergencies Act to clear-out protesters, an action a federal judge has since said was “not justified.” During the clear-out, an elderly lady was trampled by a police horse and many who donated to the cause had their bank accounts frozen.
The actions taken by the Trudeau government were publicly supported by Mark Carney at the time, who won re-election on April 28.
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