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.
Alberta
Judge reverses suspension against Alberta police officer for speaking at Freedom Convoy rally
From LifeSiteNews
The suspension without pay for Staff Sergeant Richard Abbott of the Edmonton Police Service was out of line and not at all ‘justifiable,’ Justice James Nelson of Alberta Court of King’s Bench ruled.
A policeman from Alberta won a decisive court victory after a judge overturned a ruling against him by his superiors that suspended him without pay because he spoke at a Freedom Convoy rally in 2022.
Justice James Nelson of Alberta Court of King’s Bench recently ruled that the punishment for Staff Sergeant Richard Abbott of the Edmonton Police Service (EPS) was out of line and not at all “justifiable.”
“While taking into account the higher standards placed by law on a police officer that can limit the officer’s freedom of expression compared to the freedom enjoyed by other citizens, we are left in my view with factual distinctions that could be drawn from the evidence,” Nelson wrote in his ruling.
The judge also noted that the “facts and evidence” in the case were not clear in justifying the suspension.
Abbott was a 26-year police veteran with a clean record and “no prior disciplinary misconduct.”
His suspension came in 2022 after he gave a videotaped speech at a local Freedom Convoy rally, of which many were being held at the time in solidarity with the truckers who descended upon Ottawa in protest of COVID dictates of all kinds.
Abbott opposed COVID jab mandates and was sympathetic to the peaceful Freedom Convoy movement.
Judge Nelson agreed with Abbott’s statements and overturned his suspension.
The now former EPS Chief Dale McFee cited Abbott with breach of Police Service Regulations, saying his actions for speaking in favor of the protests were “conduct of engaging in the political activity of the Freedom Convoy, which “interferes with and adversely influence decisions you are required to make in the performance of your duties.”
McFee claimed that Abbott’s actions undermined the EPS as well as his “colleagues” to ensure “proportionate and correct decisions are being made when dealing with protesters so our community is safe and secure.”
“Your actions also created a conflict of interest by using your status as a police officer in an attempt to further the cause of the Freedom Convoy. By publicly supporting a cause where the activities of this group involve illegal activities, this undermines public confidence that police will behave impartially,” McFee wrote.
The reality is the EPS had mistakenly claimed Abbott had attended a large border protest in Coutts, Alberta.
In court, Abbott was successful in arguing that the videotape of him was from a protest nowhere near Coutts and was instead in Milk River and that he never spoke in favor of the border blockade protests.
In early 2022, thousands of Canadians from coast to coast came to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government invoked the Emergencies Act (EA) on February 14. Trudeau revoked the order on February 23.
The EA controversially allowed the government to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in assemblies the government deemed illegal.
Tamara Lich and Chris Barber, the main leaders of the Freedom Convoy, as reported by LifeSiteNews, will receive their verdict on March 12.
They both face a possible 10-year prison sentence. LifeSiteNews has reported extensively on their trial.
COVID-19
Former Trudeau minister faces censure for ‘deliberately lying’ about Emergencies Act invocation
From LifeSiteNews
By Christina Maas of Reclaim The Net
Trudeau’s former public safety minister, Marco Mendicino, finds himself at the center of controversy as the Canadian Parliament debates whether to formally censure him for ‘deliberately lying’ about the justification for invoking the Emergencies Act.
Trudeau’s former public safety minister, Marco Mendicino, finds himself at the center of controversy as the Canadian Parliament debates whether to formally censure him for “deliberately lying” about the justification for invoking the Emergencies Act and freezing the bank accounts of civil liberties supporters during the 2022 Freedom Convoy protests.
Conservative MP Glen Motz, a vocal critic, emphasized the importance of accountability, stating, “Parliament deserves to receive clear and definitive answers to questions. We must be entitled to the truth.”
The Emergencies Act, invoked on February 14, 2022, granted sweeping powers to law enforcement, enabling them to arrest demonstrators, conduct searches, and freeze the financial assets of those involved in or supported, the trucker-led protests. However, questions surrounding the legality of its invocation have lingered, with opposition parties and legal experts criticizing the move as excessive and unwarranted.
On Thursday, Mendicino faced calls for censure after Blacklock’s Reporter revealed formal accusations of contempt of Parliament against him. The former minister, who was removed from cabinet in 2023, stands accused of misleading both MPs and the public by falsely claiming that the decision to invoke the Emergencies Act was based on law enforcement advice. A final report on the matter contradicts his testimony, stating, “The Special Joint Committee was intentionally misled.”
Mendicino’s repeated assertions at the time, including statements like, “We invoked the Emergencies Act after we received advice from law enforcement,” have been flatly contradicted by all other evidence. Despite this, he has yet to publicly challenge the allegations.
The controversy deepened as documents and testimony revealed discrepancies in the government’s handling of the crisis. While Attorney General Arif Virani acknowledged the existence of a written legal opinion regarding the Act’s invocation, he cited solicitor-client privilege to justify its confidentiality. Opposition MPs, including New Democrat Matthew Green, questioned the lack of transparency. “So you are both the client and the solicitor?” Green asked, to which Virani responded, “I wear different hats.”
The invocation of the Act has since been ruled unconstitutional by a federal court, a decision the Trudeau government is appealing. Critics argue that the lack of transparency and apparent misuse of power set a dangerous precedent. The Justice Centre for Constitutional Freedoms echoed these concerns, emphasizing that emergency powers must be exercised only under exceptional circumstances and with a clear legal basis.
Reprinted with permission from Reclaim The Net.
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