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Trudeau gov’t use of Emergencies Act ruled ‘not justified,’ violation of Charter rights

Published

1 year ago

5 minute read

From LifeSiteNews

By Clare Marie Merkowsky

Opposition leader Pierre Poilievre called for Trudeau to be ‘fired’ over his misuse of the Emergency Act. Poilievre argued that the current Prime Minister ’caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens.’

The Canadian Federal Court has announced that the Trudeau government’s use of the Emergencies Act was ‘not justified’ and a violation of the Charter of Rights and Freedoms.

On January 23, Federal Court Justice Richard Mosley ruled that Prime Minister Justin Trudeau was ‘not justified’ in invoking the Emergency Act (EA) to shut down the 2022 Freedom Convoy which protested COVID regulations and vaccine mandates.  

“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,” Mosley wrote.

“I have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness – justification, transparency, and intelligibility – and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration.”

According to the ruling, the EA is meant to be reserved as a last resort if all other means fail. It cannot be invoked unless all other measures have been exhausted.  

Furthermore, the ruling pointed out that there were other means to end the protest, such as provisions in the Criminal Code, which the province of  Alberta had argued at the time.  

The decision stated that, in addition to being an unnecessary measure,  the EA had violated Canadians’ Charter rights, specifically infringing on freedom of thought, opinion, and expression. 

The Freedom Convoy protest took place in early 2022 in Ottawa and featured thousands of Canadians calling for an end to COVID mandates by camping outside Parliament in Ottawa.  

In response, Prime Minister Justin Trudeau’s federal government enacted the EA on February 14, 2022 to shut down the popular movement.  The measures included freezing the bank accounts of Canadians who donated 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.”   

Trudeau revoked the EA on February 23 after the protesters had been cleared out. At the time, seven of Canada’s 10 provinces opposed Trudeau’s use of the EA .

Additionally, several organizations, including the Canadian Civil Liberties Foundation, the CCF, the Canadian Frontline Nurses, four private applicants, lawyers for the Alberta Government, legally challenged Trudeau’s invoking of the measure.

They have now won their case, a decision immediately celebrated by Canadians on social media. 

Conservative Party leader Pierre Poilievre called for Trudeau to be ‘fired.’ He argued that the current Prime Minister  “caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens.” 

“As PM, I will unite our country for freedom,” he promised. 

Similarly, Justice Centre for Constitutional Freedoms lawyer Eva Chipiuk wrote, “This is big! What does it mean for the federal government, elected officials and all those disparaged and defamed protestors, I do not know. But this is big news!” 

“Do not be afraid to stand up to your government,” she encouraged. “In fact, it is your job as a citizen in democracy. Your voice matters, don’t let anyone tell you otherwise.” 

Additionally, the National Citizens Coalition celebrated the ruling, saying, “Trudeau and Freeland’s Emergencies Act was always ‘unreasonable.’ And of course they violated the Charter. Today’s judicial ruling is a win for all freedom-loving Canadians.” 

In response, Liberal Deputy Prime Minister and Finance Minister Chrystia Freeland announced the Trudeau government disagreed with the ruling and planns to appeal the decision.  

 

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Freedom Convoy’s Tamara Lich shares heartfelt letter from children: ‘God will be by your side’

Published on February 21, 2025

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From LifeSiteNews

By Anthony Murdoch

Ahead of the announcement of the verdict from her trial in Canada, the Freedom Convoy co-leader posted on X the ‘beautiful letter’ from a 4-year-old and 8-year-old.

With a few weeks until a verdict is released, Freedom Convoy leader Tamara Lich shared a heartwarming letter she received from a child, who told her to “keep fighting” for everyone and that “God will protect” her from the “enemy.”

Lich shared an image of the letter Thursday on X, writing, “Feels like a good day to share this beautiful letter I received from some very wise children.”

The letter, which was handwritten and sent to Lich by 4-year-old Zavier and 8-year-old Alanis, has the title “God loves You.”

“Thank you for fighting for everyones FREEDOM. God will be by your side and God will protect you from the enemy,” the letter reads.

“With God everything is possible. Stay strong we are praying for you every step of the journey.”

Lich was arrested on February 17, 2022, in Ottawa. Co-leader Chris Barber was arrested the same day.

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

As reported by LifeSiteNews, Lich and Barber’s verdict will be announced on March 12.

They both face a possible 10-year prison sentence. LifeSiteNews reported extensively on their trial.

As reported by LifeSiteNews, Lich recently spelled out how much the Canadian government has spent prosecuting her and Barber for their role in the protests. She said at least $5 million in “taxpayer dollars” has been spent thus far, with her and Barber’s legal costs being above $750,000.

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, Prime Minister Justin Trudeau’s government enacted the never-before-used Emergencies Act (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.

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.

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COVID-19

Red Deer Freedom Convoy protestor Pat King given 3 months of house arrest

Published on February 20, 2025

By

From LifeSiteNews

By Clare Marie Merkowsky

Ontario Superior Court Justice Charles Hackland ruled that Pat King must serve three months of house arrest and dedicate 100 hours to community service for his participation in the 2022 Freedom Convoy

Freedom Convoy participant Pat King has been given a 3-month conditional sentence for his role in the 2022 Freedom Convoy protest against COVID mandates.  

On February 19, Ontario Superior Court Justice Charles Hackland ruled that King must serve three additional months of house arrest and dedicate 100 hours to community service for his role in the Freedom Convoy. King’s sentence would have been 12 months, but the court gave him credit for time served prior to his trial. 

“In the court’s opinion, there is a social harm to unduly elevating the sentencing rules of denunciation and deterrence in the context of political protests to result in punitive sentences at the top of the sentencing range,” Hackland wrote, explaining why he did not opt to sentence King to a whopping 10-year prison sentence, as the Crown prosecutors had advocated for.

“The risk is that an overly severe sentence of imprisonment in the context of legitimate, constitutionally protected activity can have the effect of creating a chill or fear of participation in political expression,” he continued. 

In November, King was found guilty of two counts of disobeying a court order, one count of mischief, one count of counselling others to commit mischief, as well as one count of counselling others to obstruct police.   

King’s charges are in relation to his role in the 2022 Freedom Convoy which featured thousands of Canadians camping out in downtown Ottawa to call for an end to the COVID regulations and vaccine mandates in place at the time.  

Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14, 2022, to put an end to the popular convoy. Trudeau revoked the EA on February 23, but only after using the powers granted by the legislation to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in the assembly.  

The two main Freedom Convoy leaders, Tamara Lich and Chris Barber, are still awaiting their verdicts for their involvement in the 2022 protests. Like King, if convicted, they face a maximum prison sentence of 10 years.

While some of the most notable people involved in the protest, like Lich and Barber, face a slew of charges that come with potentially harsh sentences, other protesters charged for participating have seen their charges dropped.

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