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.
From LifeSiteNews
Originally charged with conspiracy to commit murder, Anthony Olienick and Chris Carbert were convicted of mischief and weapons offences during the Coutts blockade in 2022. They’ve already spent more than two years in prison awaiting their trial.
The Crown recommended nine years in prison for two men linked to the 2022 Freedom Convoy-inspired border blockade protest in Coutts, Alberta.
On August 29th, Crown prosecutor Steven Johnston declared that Anthony Olienick and Chris Carbert, who were convicted of mischief and weapons offences at the 2022 Freedom Convoy, should receive nine years in jail despite already spending more than two years in prison awaiting their trial.
“Mr. Carbert and Mr. Olienick believed they were at war. They were prepared to die for their cause. The very real risk is that a firefight would have occurred,” Johnston claimed.
Olienick and Carbert have already spent more than two years in prison after they were charged with conspiracy to commit murder during 2022 Freedom Convoy-inspired border blockade protest in Coutts that protested COVID mandates.
Earlier in August, they were finally acquitted of that charge and instead found guilty of the lesser charges of unlawful possession of a firearm for a dangerous purpose and mischief over $5,000. Olienick was also found guilty of unlawful possession of an explosive device.
Olienick and Carbert have been jailed since 2022 when, at the same time the Freedom Convoy descended on Ottawa to protest COVID restrictions, they joined an anti-COVID mandate blockade protest at the Alberta-Montana border crossing near Coutts. The men were denied bail and kept in solitary confinement before their trial.
At the time, police said they had discovered firearms, 36,000 rounds of ammunition, and industrial explosives at Olienick’s home. However, the guns were legally obtained and the ammunition was typical of those used by rural Albertans. Similarly, Olienick explained that the explosives were used for mining gravel.
Now, they are being recommended to spend nine more years in prison despite their lawyer pointing out that they have already spent 929 days in jail, which equates to nearly four years given the accepted valuation of granting extra credit for time served while awaiting trial.
Justice David Labrenz is set to give his decision on September 9th.
The men were arrested alongside Christopher Lysak and Jerry Morin, and all four were charged with conspiracy to murder. At the time, the “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the Emergencies Act, which allowed Prime Minister Justin Trudeau to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy occurring thousands of kilometers away in Ottawa.
Under the EA, the Trudeau government froze the bank accounts of Canadians who donated to the protest. 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.
Recently, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the Emergencies Act.
Many are pointing out that the two were being unjustly held as political prisoners similar to those in communist countries.
It’s unclear why the two Alberta men are denied bail while dangerous criminals are allowed to roam free thanks to Trudeau’s catch and release policy.
Indeed, this policy has put many Canadians in danger, as was the case last month when a Brampton man charged with sexually assaulting a 3-year-old was reportedly out on bail for an October 2022 incident in which he was charged with assault with a dangerous weapon and possession of a dangerous weapon.
From LifeSiteNews
Canadian Armed Forces veteran Jeff Evely was on his way for his shift standing guard at the War Memorial when he was arrested by police for entering a closed off area at the 2022 Freedom Convoy.
A Canadian Armed Forces (CAF) veteran is on trial for mischief and obstruction charges after he was forcibly detained at the 2022 Freedom Convoy.
According to a press release from the Justice Centre for Constitutional Freedoms (JCCF), the trial for CAF veteran Jeff Evely continued Tuesday. Evely is charged with mischief and obstructing police. He was arrested while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.
“The actions of the Ottawa police in locking down downtown Ottawa and preventing all civilians from accessing public areas greatly exceeded their powers under the common law,” JCCF lawyer Chris Fleury said of the case.
“Mr. Evely’s arrest for simply being inside of the locked down area was arbitrary,” he insisted.
According to the JCCF press release, when the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.
However, under Prime Minister Justin Trudeau’s use of the Emergencies Act, many parts of downtown Ottawa were blocked to the public, and a vigilant police force roamed the streets.
It was during this time that Evely was arrested for entering a closed off section of downtown Ottawa during the early hours of February 19, 2022. He had been on his way to take the 4:25 a.m. shift protecting the Ottawa War Memorial.
As Evely walked to the memorial, he was allegedly told to stop by police. According to the police, Evely “ran for a short distance before being confronted by two additional police officers.”
He was forcibly pushed to the ground, landing face first. The veteran was then arrested and charged with mischief and obstructing police.
At the time, the use of the EA was justified by claims that the protest was “violent,” a claim that has still gone unsubstantiated.
In fact, videos of the protest against COVID regulations and vaccine mandates show Canadians from across the country gathering outside Parliament engaged in dancing, street hockey, and other family-friendly activities.
Indeed, the only acts of violence caught on video were carried out against the protesters after the Trudeau government directed police to end the protest. One such video showed an elderly women being trampled by a police horse.
While the officers’ actions were originally sanctioned under the EA, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the EA, forcing Crown prosecutors to adopt a different strategy.
Now, Crown prosecutors allege that the common law granted police the authority to stop and detain Evely, regardless of the EA.
However, Evely and his lawyers have challenged this argument under section 9 of the Canadian Charter of Rights and Freedoms, insisting that his “arrest and detention were arbitrary.”
Evely is hardly the only Canadian to be facing charges following the Freedom Convoy. Earlier this month, two men linked to the 2022 Freedom Convoy-inspired border blockade protest in Coutts, Alberta, Anthony Olienick and Chris Carbert, were acquitted of charges of conspiracy to commit murder, but not before being jailed and denied bail for over two years.
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