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COVID-19

Liberals determined to reject rule of law after Emergencies Act ruling: Aaron Wudrick

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6 minute read

From the MacDonald Laurier Institute

By Aaron Wudrick

The government comforts itself in the fiction that the rules don’t apply to it

On Tuesday, The Federal Court of Canada released a decision that all Canadians should celebrate as an important victory for the rule of law in Canada.

In an application brought by two public interest law associations — the Canadian Constitution Foundation and the Canadian Civil Liberties Association — the court considered two questions. Whether the Trudeau government acted outside the law in invoking the Emergencies Act in February 2022 to put an end to the Freedom Convoy protests in Ottawa, and whether orders issued under the authority of the act violated the Charter. On both counts, the court answered unambiguously: yes, they did.

Perhaps the most striking thing about the court decision authored by Justice Richard Mosley is how straightforward much of the reasoning is. There is no tortured logic, no obscure line of argument, no abstract reasoning; the principles at stake are easily digestible by lawyers and non-lawyers alike. Justice Mosley does exactly what most Canadians probably expect courts to do: consider evidence; read what the law says; and draw conclusions that, for lack of a better phrase, reflect common sense.

Take for example the government’s insistence that the Freedom Convoy constituted a “threat to the security of Canada” — a phrase which is explicitly defined in the Emergencies Act as having the same meaning as it does in Section 2 of the Canadian Security Intelligence Service (CSIS) Act. Unfortunately for the government, CSIS’s official determination was that the convoy did not constitute a threat to the security of Canada. This being a very inconvenient obstacle for a government that wanted to invoke the act, Cabinet simply came up with a new strategy: ignore the statutory requirement that the Section 2 CSIS Act definition be met, come up with an alternative definition that better fits their argument, and make the opposite finding! QED.

Understandably, Justice Mosley had none of this. The law says what the law says. Perhaps, as has been argued elsewhere, using the CSIS Act definition of “threat to the security of Canada” is a poor fit for the Emergencies Act. If so, Parliament is well within its rights to amend it. But it’s not what the law said in February 2022, and Cabinet cannot simply wave away the words because it happens to be inconvenient for their best-laid plans.

On issue after issue — the scope of the security threat; the claim that enforcement tools under existing laws being exhausted; the reasonableness of sweeping violations of Charter rights of free expression and against unreasonable search and seizure — Justice Mosley, after looking at all the evidence, disagreed with the government’s assertions. The government’s claims simply did not survive contact with a fulsome evidentiary record.

Nor was the ruling only damning to the government’s flimsy arguments. It was also an implicit rebuke to Justice Paul Rouleau, the head of the Public Order Emergency Commission, who made the unnecessary and ill-advised choice in his final report to muse about the legality of the act’s invocation, in spite of the fact that — by his own admission — it was not part of his mandate to do so, and he had not undertaken a formal analysis.

Perhaps most interesting of all was Justice Mosley’s candid admission towards the end of his decision that he had initially “been leaning to the view that the decision to invoke the (Emergencies Act) was reasonable” and acknowledged that it was only after taking the time to “carefully deliberate about the evidence and submissions” and the applicants’ “informed legal argument” did he conclude — unambiguously — that the government had acted outside the law.

And what of the political fallout? There is a world in which a government might, when confronted with a court ruling that they illegally invoked and abused the most draconian law on the books, simply accept the ruling with humility, apologize unreservedly for having overstepped, and resign on principle.

Clearly, we don’t live in that world: unrepentant as ever, and within an hour of the decision’s release, Deputy Prime Minister Chrystia Freeland announced that the government would be appealing it. This is completely in character for a government that has time and again sneered at the rule of law — e.g. their ethics violations both big and small, the SNC-Lavalin scandal — preferring to comfort itself with fiction that rules are for other people.

Canadians know better. Governments are obliged to follow the law, just like everyone else — and we owe Justice Mosley a debt of gratitude for the timely reminder of that fact.

Aaron Wudrick is a lawyer and the domestic policy director at the Macdonald-Laurier Institute.

COVID-19

5 Stories the Media Buried This Week

Published on

The Vigilant Fox

#5 – Anthony Fauci warns: “The next outbreak will be of a respiratory disease that’s easily transmissible, that has a significant degree of morbidity and mortality.”

“What is likely to happen,” Fauci says, “is the emergence of another respiratory disease.”

“It may be another coronavirus, because we know that coronaviruses, really, mostly in bats, have the capability of binding to receptors that are in humans.”

“It could be another flu,” Fauci continued. “We’re dealing with H5N1 now, which is bird flu, which has taken the somewhat disturbing step of infecting mammals, namely cows and cats and other mammals, which means it’s adapting itself more to a human.”

“So my concern, Walter, is that whenever that happens, the next outbreak will be of a respiratory disease that’s easily transmissible, that has a significant degree of morbidity and mortality,” Fauci said.

When asked if the cuts at HHS and “our attitude towards science” are making the situation “a little bit more dangerous,” Fauci replied, “Oh, absolutely!”

VIDEO: @TheChiefNerd

 

#4 – Dr. Oz drops bombshells on the massive waste, fraud, and abuse bleeding Medicare and Medicaid.

Oz explained that people are unknowingly signed up for coverage, illegal schemes are funneling taxpayer dollars to those who aren’t eligible, and the same patient can be billed in multiple states with no federal oversight catching it.

It also turns out that 230,000 Americans were enrolled in Obamacare plans without even knowing it.

#3 – Tucker Carlson is horrified to learn that over 9 million children have already received the COVID shot—and that the injections are still happening.

His reaction at the end of this clip says it all.

VIDEO: @McCulloughFund

While you’re here, don’t forget to subscribe to get this top 10 list emailed to you each week.

 

#2 – Jenny McCarty reveals chilling encounter after speaking out on vaccine issue.

• After going public about her son’s autism and the vaccine link, Jenny McCarthy received a private visit from a man with a warning.

• He claimed to work for a top-level PR firm and said he was approached by a government agency.

• His job? To create a campaign to discredit her and label her “anti-vaccine.”

• He said he turned down the offer—because his own child had gone through the same thing.

•The man warned her that they would find someone else to do it and use the media to come after her hard.

• McCarthy was stunned and asked him to repeat everything—she said she had chills all over her body.

• When she asked why they’d attack her despite her not being anti-vaccine, he replied, “Doesn’t matter.”

• According to him, they had the media on their side and would do whatever it took to bury her message.

#1 – Billionaire Democrat donor turned DOGE ally drops bombshell and says Biden’s border policies handed $13–15 billion a year to human traffickers—and helped import future Democratic voters.

“We gave $13 to $15 billion a year to human traffickers. That’s what this system did,” Antonio Gracias lamented.

Gracias’ team combed through voter rolls in four states and uncovered thousands of non-citizens not only registered to vote, but in many cases, actually voted.

“We looked at the voter rolls in four states, and we found thousands of these people [non-citizens] on the voter rolls, and we found many of those people had voted. In one state in particular, well over a thousand voted.”

His conclusion?

“I think this [Biden’s border policy] was a move to import voters.”

VIDEO: @KanekoaTheGreat

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COVID-19

Maxime Bernier slams Freedom Convoy leaders’ guilty verdict, calls Canada’s justice system ‘corrupt’

Published on

From LifeSiteNews

By Anthony Murdoch

The leader of the People’s Party of Canada says Tamara Lich and Chris Barber were victims of a ‘political witch hunt.’

The leader of the People’s Party of Canada (PPC) ripped Thursday’s federal court ruling that found Freedom Convoy leaders Tamara Lich and Chris Barber guilty of mischief, saying the court siding with the government amounted to a “political witch hunt.”

“It is disheartening to learn that two of the heroes of the Freedom Convoy, @LichTamara and @ChrisBarber1975, have been found guilty of mischief in the longest and one of the costliest trials in Canadian history,” Maxime Bernier wrote Thursday on X.

“This clearly was a political witch hunt.”

Bernier added that in his view the reality is that Canada’s justice system is “corrupt.”

“Trudeau and his ministers who illegally invoked the Emergencies Act and violated basic rights will go unpunished,” he noted.

“Our justice system is corrupt to the bones.”

On Thursday, Justice Heather Perkins-McVey, the federal judge overseeing the mischief trial, delivered her verdict, finding both Lich and Barber guilty of mischief.

Perkins-McVey seemed to agree with the Crown’s case that Lich and Barber’s influence on the Freedom Convoy constituted public mischief but did dismiss the Crown’s Carter Application accusing Lich and Barber of conspiracy outright.

Lich and Barber both faced six charges each, those being charges of mischief, obstruction, intimidation, and counseling others to commit mischief and intimidation. After the court reconvened Thursday afternoon, Lich was acquitted of four of her six charges, with the fifth charge, counseling to commit mischief, being stayed by the judge.

As for sentencing, the court will reconvene on April 16 at 1:30 p.m. EST, at which time it will say when a date and time for sentencing will be held.

Lich and Barber both face a possible 10-year prison sentence. LifeSiteNews has reported extensively on their trial.

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 arrested on February 17, 2022, in Ottawa for their roles in leading the popular Freedom Convoy protest against COVID mandates. During COVID, Canadians were subjected to vaccine mandates, mask mandates, extensive lockdowns and even the closure of churches.

Despite the peaceful nature of the protest, 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.

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