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Trudeau government back in court to appeal ruling against its use of the Emergencies Act

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From LifeSiteNews

By Anthony Murdoch

“Legal thresholds do not bend, much less break, in exigent circumstances. We are putting this and future governments on notice: even in times of crisis, no government is above the law”

Prime Minister Justin Trudeau’s government is again in court to claim its use of the Emergencies Act to stop the 2022 Freedom Convoy was warranted, in appeal of a ruling from last year which found its use of the act was unjustified.   

Today, the Canadian Civil Liberties Association (CCLA) noted in a press release that it is before the Federal Court of Appeal “to defend its historic victory for the rule of law.” 

“While the extraordinary powers granted to the federal government through the Emergencies Act are necessary in extreme circumstances, they also threaten the rule of law and our democracy,” said Anaïs Bussières McNicoll, who serves as the Director of the Fundamental Freedoms program at the CCLA. 

McNicoll said that the CCLA will be urging the “Federal Court of Appeal to reject the federal government’s attempt to relax the thresholds necessary for invoking the  Act’s extraordinary powers.” 

“Legal thresholds do not bend, much less break, in exigent circumstances. We are putting this and future governments on notice: even in times of crisis, no government is above the law,” concluded McNicoll. 

In January of 2024, Canada’s Federal Court announced that the use of the EA by the Trudeau government in early 2022 to shut down Freedom Convoy, which was calling for an end to COVID mandates, was a direct violation of the nation’s Charter of Rights and Freedoms and thus was “not justified” and “infringed” on the rights of protesters.

The January 2024 decision by Federal Court Justice Richard Mosley saw the judge write, “Having found that the infringements of Charter sections 2(b) and 8 were not minimally impairing, I find that they were not justified under section 1.” 

Shortly after the court ruling, the Trudeau government announced that it would appeal Mosley’s ruling, claiming the federal court “erred in fact and law in declaring that the Regulations infringed subsection 2(b) of the Canadian Charter of Rights and Freedoms.” 

Notably, in the Federal Court of Appeal, where the case is now being heard, 10 out of the 15 judges were appointed by Trudeau.     

The CCLA said that the government’s use of the EA “which had never been invoked before in Canada,” allowed the federal government to “enact wide-reaching orders without going through the ordinary democratic process—but only once stringent legal thresholds are met.” 

In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government enacted the EA on February 14, 2022. 

During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse, and one conservative female reporter was beaten by police and shot with a tear gas canister. 

Trudeau revoked the EA on February 23. 

In the lead-up to the protest, Trudeau had disparaged unvaccinated Canadians, saying those opposing his measures were of a “small, fringe minority” who hold “unacceptable views” and do not “represent the views of Canadians who have been there for each other.”      

In another Freedom Convoy court battle, protest leaders Tamara Lich and Chris Barber underwent a year-long criminal trial which concluded last September.

Both Lich and Barber will have their verdicts announced on March 12, 2025, as LifeSiteNews has reported.

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Crown still working to put Lich and Barber in jail

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From LifeSiteNews

By Anthony Murdoch

The Crown’s appeal claims the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

Government lawyers for the Crown have filed an appeal the acquittals of Freedom Convoy leaders Tamara Lich and Chris Barber on intimidation charges.

The Crown also wants their recent 18-month conditional sentence on mischief charges replaced with harsher penalties, which could include possible jail time.

According to the Justice Centre for Constitutional Freedoms (JCCF), it is “asking the Ontario Court of Appeal to enter a conviction on the intimidation charge or order a new trial on that count,” for Barber’s charges.

Specifically, the Crown’s appeal claims that the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

As reported by LifeSiteNews, both 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.

Barber’s lawyer, Diane Magas, said that her client “relied in good faith on police and court direction during the protest. The principles of fairness and justice require that citizens not be punished for following the advice of authorities. We look forward to presenting our arguments before the Court.”

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

The Lich and Barber trial concluded in September 2024, more than a year after it began. It was originally scheduled to last 16 days.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years.

LifeSiteNews recently reported that Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandchildren from school without permission from the state.

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

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Freedom Convoy leader Tamara Lich to appeal her recent conviction

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From LifeSiteNews

By Anthony Murdoch

Lawyers will argue that there is no evidence linking Tamara Lich ‘to the misdeeds of others.’

Freedom Convoy leader Tamara Lich said she will appeal her recent mischief conviction in an Ontario court, with her lawyers saying “there was no evidence linking her to the misdeeds of others.”

In a press release late yesterday, Lich’s legal team, headed by Lawrence Greenspon, Eric Granger, and Hannah Drennan, made the announcement.

“Lawyers for Tamara Lich filed Notice of Appeal in the Ontario Court of Appeal of the conviction for mischief arising out of the Freedom Convoy,” the release stated.

Lich’s legal team noted that there are two reasons for the principal grounds of appeal.

“While there was substantial evidence that Tamara encouraged the protesters to be peaceful, lawful and safe, there was no evidence linking her to the misdeeds of others,” they said.

The second reason for the appeal, according to Lich’s lawyers, is that the “trial judge failed to give effect to the principle that communication that would otherwise be mischief is protected by section 2(b) of the Charter, freedom of expression.”

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.

As reported by LifeSiteNews, Lich, reflecting on her recent sentencing of over a year’s house arrest for her role in the 2022 Freedom Convoy, laid bare the fact that when all is said in done, seven years of her life will have been spent in a government-imposed “lockdown” in one form or another.

LifeSiteNews recently reported that Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

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