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.

Related Topics:#CanadianConstitutionFoundation #CCF #EmergenciesAct #MarilynGladu

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Canadian government seeking to destroy Freedom Convoy leader, taking Big Red from Chris Barber

Published on November 27, 2025

Todayville

From LifeSiteNews

By Anthony Murdoch

The Crown claimed that ‘Big Red’ is an ‘offence-related property’ relating to Chris Barber’s involvement in the 2022 protests against Canada’s COVID mandates.

The Canadian government is still going after Freedom Convoy leader Chris Barber, this time hoping to seize his very livelihood.

The Justice Centre for Constitutional Freedoms (JCCF) has reported that it represented Barber during a November 26 hearing about the Crown’s attempt to take “Big Red,” Barber’s semi-truck. The Crown claimed that the vehicle is an “offence-related property” relating to Barber’s involvement in the 2022 protests against Canada’s COVID mandates.

Barber’s truck, a 2004 Kenworth long-haul, which he uses for business, was a focal point in the 2022 protests. He drove it to Ottawa, where it was parked for an extended period of time, but he complied when officials asked him to move it.

Barber’s lawyer, Diane Magas, said the Crown’s attempt to take away Barber’s livelihood is “not” in the spirit of laws in place regarding forfeiture.

“The impact of the forfeiture of ‘Big Red’, which is an essential part of the operation of Mr. Barber’s trucking business and is relied upon by Mr. Barber, his family, as well as employees, is not what Parliament had in mind when enacting those forfeiture provisions,” she said as per a JCCF press release.

“Especially considering the context of a political protest where the police told Mr. Barber where to park the truck and when Mr. Barber moved the truck after being asked to move it.”

The Freedom Convoy leader has talked about his truck, saying that, “Big Red is how I put food on the table.”

“I followed every instruction police gave me during the protest, and I never imagined the government would try to take the very truck I rely on to earn a living,” Barber continued.

A ruling regarding the Crown’s wish to seize Barber’s truck is expected to appear on December 19; however, the court case could drag into the new year.

On October 7, 2025, after a long trial, Ontario Court Justice Heather Perkins-McVey sentenced Tamara Lich and Barber to 18 months’ house arrest. They had been declared guilty of mischief for their roles as leaders of the 2022 protest against COVID mandates, and as social media influencers.

Lich and Barber have filed appeals of their own against their house arrest sentences, arguing that the trial judge did not correctly apply the law on their mischief charges.

Government lawyers for the Crown have filed an appeal of the acquittals of Lich and Barber on intimidation charges.

Lich and Barber were declared guilty of mischief for their roles as leaders of the protest against COVID mandates in April 2022, and as social media influencers. The conviction came after a nearly two-year trial despite the non-violent nature of the popular movement.

COVID-19

Crown seeks to punish peaceful protestor Chris Barber by confiscating his family work truck “Big Red”

Published on November 25, 2025

Todayville

The Justice Centre for Constitutional Freedoms announces that the Ontario Court of Justice will hold a hearing at 10:00 a.m. ET on Wednesday, November 26 at 161 Elgin Street, Ottawa, regarding the Crown’s attempt to permanently seize “Big Red,” the 2004 Kenworth long-haul truck relied upon by peaceful Freedom Convoy protestor Chris Barber and his family trucking business.

Constitutional lawyer Diane Magas, who represents Mr. Barber, is opposing the forfeiture.

“The impact of the forfeiture of ‘Big Red’, which is an essential part of the operation of Mr. Barber’s trucking business and is relied upon by Mr. Barber, his family as well as employees, is not what Parliament had in mind when enacting those forfeiture provisions, especially considering the context of a political protest where the police told Mr. Barber where to park the truck and when Mr. Barber moved the truck after being asked to move it,” she said.

Mr. Barber, a Saskatchewan trucker and central figure in the peaceful 2022 Freedom Convoy, depends on this vehicle for his livelihood. The Crown alleges that his truck constitutes “offence-related property.”

The November 26 hearing will address the Crown’s application to seize the truck and will include evidence regarding ownership and corporate title. The Court will also consider an application filed earlier this year by Mr. Barber’s family, who are asserting their rights as interested third parties and seeking to prevent the loss of the vehicle.

Mr. Barber was found guilty of mischief and counselling others to breach a court order following the peaceful Freedom Convoy protest, despite his consistent cooperation with law enforcement and reliance on legal advice during the events of early 2022. At sentencing, the Court acknowledged that he “came with the noblest of intent and did not advocate for violence,” emphasizing that Mr. Barber encouraged calm and compliance.

Mr. Barber said, “‘Big Red’ is how I put food on the table. I followed every instruction police gave me during the protest, and I never imagined the government would try to take the very truck I rely on to earn a living.”