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

Published

2 years 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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Judge denies Canadian gov’t request to take away Freedom Convoy leader’s truck

Published on December 20, 2025

By

From LifeSiteNews

By Anthony Murdoch

A judge ruled that the Ontario Court of Justice is already ‘satisfied’ with Chris Barber’s sentence and taking away his very livelihood would be ‘disproportionate.’

A Canadian judge has dismissed a demand from Canadian government lawyers to seize Freedom Convoy leader Chris Barber’s “Big Red” semi-truck.

On Friday, Ontario Court of Justice Judge Heather Perkins-McVey denied the Crown’s application seeking to forfeit Barber’s truck.

She ruled that the court is already “satisfied” with Barber’s sentence and taking away his very livelihood would be “disproportionate.”

“This truck is my livelihood,” said Barber in a press release sent to LifeSiteNews.

“Trying to permanently seize it for peacefully protesting was wrong, and I’m relieved the court refused to allow that to happen,” he added.

Criminal defense lawyer Marwa Racha Younes was welcoming of the ruling as well, stating, “We find it was the right decision in the circumstances and are happy with the outcome.”

John Carpay, president of the Justice Centre for Constitutional Freedoms (JCCF), said the decision is “good news for all Canadians who cherish their Charter freedom to assemble peacefully.”

READ: Freedom Convoy protester appeals after judge dismissed challenge to frozen bank accounts

“Asset forfeiture is an extraordinary power, and it must not be used to punish Canadians for participating in peaceful protest,” he added in the press release.

At this time, the court ruling ends any forfeiture proceedings for the time being, however Barber will continue to try and appeal his criminal conviction and house arrest sentence.

Barber’s truck, a 2004 Kenworth long-haul he uses for business, was a focal point in the 2022 protests. He drove it to Ottawa, where it was parked for an extended period of time, but he complied when officials asked him to move it.

On October 7, 2025, after a long trial, Ontario Court Justice Perkins-McVey sentenced Barber and Tamara Lich, the other Freedom Convoy leader, to 18 months’ house arrest. They had been declared guilty of mischief for their roles as leaders of the 2022 protest against COVID mandates, and as social media influencers.

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.

Government lawyers for the Crown have filed an appeal of the acquittals of Lich and Barber on intimidation charges.

The pair’s convictions came after a nearly two-year trial despite the nonviolent nature of the popular movement.

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Freedom Convoy protester appeals after judge dismissed challenge to frozen bank accounts

Published on December 19, 2025

By

From LifeSiteNews

By Anthony Murdoch

Protestor Evan Blackman’s legal team argues Trudeau’s Emergencies Act-based bank account freezes were punitive state action tied directly to protest participation.

A Freedom Convoy protester whose bank accounts were frozen by the Canadian government says a judge erred after his ruling did not consider the fact that the funds were frozen under the Emergencies Act, as grounds for a stay of proceedings.

In a press release sent out earlier this week, the Justice Centre for Constitutional Freedoms (JCCF) said that Freedom Convoy protestor Evan Blackman will challenge a court ruling in his criminal case via an appeal with the Ontario Superior Court of Justice.

“This case raises serious questions about how peaceful protest is treated in Canada and about the lasting consequences of the federal government’s unlawful use of the Emergencies Act,” noted constitutional lawyer Chris Fleury. “The freezing of protestors’ bank accounts was part of a coordinated effort to suppress dissent, and courts ought to be willing to scrutinize that conduct.”

Blackman was arrested on February 18, 2022, during the police crackdown on Freedom Convoy protests against COVID restrictions, which was authorized by the Emergencies Act (EA). The EA was put in place by former Prime Minister Justin Trudeau’s Liberal government, which claimed the protests were violent, despite no evidence that this was the case.

Blackman’s three bank accounts with TD Bank were frozen due to his participation in the Freedom Convoy, following a directive ordered by Trudeau.

As reported by LifeSiteNews, in November of this year, Blackman was convicted at his retrial even though he had been acquitted at his original trial. In 2023, Blackman’s “mischief” and “obstructing police” charges were dismissed by a judge due to lack of evidence and the “poor memory of a cop regarding key details of the alleged criminal offences.”

His retrial resulted in Blackman getting a conditional discharge along with 12 months’ probation and 122 hours of community service, along with a $200 victim fine surcharge.

After this, Blackman’s application for a stay of proceedings was dismissed by the court. He had hoped to have his stay of proceedings, under section 24(1) of the Charter of Rights and Freedoms, allowed. However, the judge ruled that the freezing of his bank accounts was legally not related to his arrest, and because of this, the stay of proceedings lacked standing.

The JCCF disagreed with this ruling, noting, it “stands in contrast to a Federal Court decision finding that the government’s invocation of the Emergencies Act was unreasonable and violated Canadians’ Charter rights, including those targeted by the financial measures used against Freedom Convoy protestors.”

In 2024, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the Emergencies Act.

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 federal government enacted the EA in mid-February.

After the protesters were cleared out, which was achieved through the freezing of bank accounts of those involved without a court order as well as the physical removal and arrest of demonstrators, Trudeau revoked the EA on February 23, 2022.

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