National
Canadians challenge Prime Minister’s decision to prorogue Parliament: “no reasonable justification”
From the JCCF
The Justice Centre for Constitutional Freedoms is providing lawyers on an urgent basis to two Canadians, David MacKinnon and Aris Lavranos, seeking a Federal Court declaration that Prime Minister Trudeau’s recent prorogation of Parliament is unreasonable and must be set aside.
When Parliament is prorogued, the parliamentary session is terminated, and all parliamentary activity, including work on bills and in committees, immediately stops.
Among its many grounds arguing that Trudeau’s decision to advise the Governor General to exercise her prerogative power to prorogue Parliament to March 24, 2025, this application argues that the decision to prorogue Parliament was “incorrect, unreasonable or both.” The court application, filed today, contends that the Prime Minister’s decision to prorogue “was not made in furtherance of Parliamentary business or the business of government, but in service of the interests of the LPC [Liberal Party of Canada].”
At his news conference yesterday, on January 6, 2025, the Prime Minister’s stated justification for the prorogation was (1) to “reset” Parliament and (2) to permit the Liberal Party of Canada time to select a new party leader. No explanation was provided as to why Parliament could not recess instead. No explanation was provided as to why Members of Parliaments could not immediately exercise their right to vote on a motion of non-confidence in the government. A majority of MPs have now repeatedly promised to do just that, which would trigger an election and provide the needed “reset” in a democratic and legitimate way.
No explanation was provided as to why a prorogation of almost three months is needed. No explanation was provided as to why the Liberal Party of Canada ought to be entitled to such a lengthy prorogation simply so it can hold an internal leadership race.
This Federal Court application includes language taken from a decision of the Supreme Court of the United Kingdom, which ruled in 2019 that then-Prime Minister Boris Johnson had prorogued Parliament unlawfully, as a means of avoiding Parliamentary scrutiny over the government’s “Brexit” negotiations concerning the departure of the United Kingdom from the European Union.
The application contends, among other things, that “in all of the circumstances surrounding it, the [prorogation] has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive, particularly insofar as it relates to Parliament’s ability to deal quickly and decisively with especially pressing issues, such as the situation caused by President-Elect Trump’s stated intention to impose a 25% tariff on all goods entering the United States from Canada.”
“This prorogation stymies the publicly stated intent of a majority of MPs to bring a motion for non-confidence in the government and trigger an election. Prorogation serves the interests of the Liberal Party, but it does not further Parliamentary business or the business of government. It violates the constitutional principles of Parliamentary sovereignty and Parliamentary accountability,” stated lawyer James Manson. “We will invite the Court to conclude that the Prime Minister’s decision to advise the Governor General to prorogue Parliament was without reasonable justification.”
Applicant David MacKinnon feels strongly about this case. He stated, “This case concerns a living tree – our Constitution – and how that living tree withers without proper care. If we are to fight tyranny – for it is tyranny that confronts us – we must find the answer within the memory of our historical past. We call this memory ‘the common law.’ It is enshrined in the preamble of our constitution. The common law is the repository and guarantor of our justice and our wealth and happiness. Had we nurtured our living tree, and looked to our past, we would have read Lord Denning’s admonishment to the Attorney General of an earlier time: ‘Be ye never so high, the law is above you.’”
From LifeSiteNews
The Conservative Party leader promised that the country will not be annexed by ‘economic force’ as threatened by U.S. President-elect Donald Trump.
Conservative Party of Canada leader Pierre Poilievre, and likely soon be the next Prime Minister, said the nation will “never” become a U.S. “state” in a firm rebuke to U.S. President-elect Donald Trump, who threatened to annex Canada by “economic force.”
In a statement posted Tuesday to X, Poilievre shot back at Trump’s loose remarks that Canada would become the 51st state, saying he will “put Canada first.”
“Canada will never be the 51st state. Period. We are a great and independent country,” Poilievre wrote in his statement.
“We are a great and independent country. We are the best friend to the U.S. We spent billions of dollars and hundreds of lives helping Americans retaliate against Al-Qaeda’s 9/11 attacks. We supply the U.S. with billions of dollars of high-quality and totally reliable energy well below market prices. We buy hundreds of billions of dollars of American goods.”
Poilievre added that when it comes to Canada on the world stage being perceived as weak, it’s due to “Our weak and pathetic NDP-Liberal government has failed to make these obvious points.”
“I will fight for Canada. When I am Prime Minister, we will rebuild our military and take back control of the border to secure both Canada and the U.S. We will take back control of our Arctic to keep Russia and China out,” he wrote.
Trump, speaking Tuesday from Mar-a-Lago, said rather brazenly he was considering using “economic force” to make Canada the 51st U.S. state.
He claimed that there is a $200 billion trade deficit between Canada and the U.S. regarding spending on “subsidies” and the fact the U.S. military is there to also “protect Canada.”
Trump’s remarks set off a firestorm of commentary on X from leftist and right-leaning Canadians alike.
However, Canadians are firmly opposed to the idea of their nation ever becoming a new U.S. state. A recent poll show that Canadians overwhelmingly reject the idea of Canada ever becoming the “51st state” as Trump said. In total, 82 percent are opposed to the idea, with 13 percent being in favor.
Prime Minister Justin Trudeau, who announced Monday that he intends to resign as Liberal Party leader and thus PM, had this to say regarding Trump’s comments.
“There isn’t a snowball’s chance in hell that Canada would become part of the United States. Workers and communities in both our countries benefit from being each other’s biggest trading and security partner,” he wrote Tuesday on X.
As for Trudeau, he was approved by Governor General Mary Simon to prorogue parliament until March 24. This means, for the time being, he is still serving as PM, but all parliamentary business has been stopped.
The Liberal Party will now hold a leadership race to choose a new leader, who will by default become Canada’s next Prime Minister.
From the Canadian Taxpayers Federation
By Devin Drover
The Canadian Taxpayers Federation is demanding the Canada Revenue Agency to immediately halt enforcement of the proposed capital gains tax hike which has not passed a final vote in Parliament.
“The CRA is trying to enforce a tax increase without it ever becoming law,” said Devin Drover, CTF General Counsel and Atlantic Director. “Taxation should only be based on laws duly passed by elected representatives and not assumptions by unelected, unaccountable bureaucrats.”
The controversy stems from a proposal by the Trudeau government to raise the capital gains inclusion rate for the first time in 25 years. While a ways and means motion for the hike passed last year, the necessary legislation was never introduced, debated or passed.
But now that Parliament has prorogued, the tax hike is stalled until March 24, 2025, when the House of Commons resumes. Given promises from both the Conservatives and the NDP to bring down the Liberal government, it’s unlikely the legislation will pass before the next election.
Despite this, the CRA continues to move forward with enforcing the tax hike.
“It’s a central role of Parliament to vote on tax hikes before the government takes more money from you,” Drover said. “It’s wrong for the prime minister and CRA to treat your elected representative like a rubberstamp.
“The CRA must immediately halt plans to enforce legislation that hasn’t been passed and will undemocratically cost Canadians billions.”
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