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Lower Courts’ Reasoning ‘Neuters’ Emergencies Act, Government Tells Supreme Court
The government says lower courts used hindsight instead of judging whether officials acted reasonably during the 2022 convoy protests.
- On Thursday, the Supreme Court of Canada is scheduled to rule on whether to grant the federal government leave to appeal lower court rulings that found the invocation of the Emergencies Act lacked legal justification.
- Federal Court Justice Richard Mosley and the Federal Court of Appeal previously ruled the government lacked legal grounds to invoke the Act during the 2022 Freedom Convoy protests, with Mosley concluding there "was no national emergency justifying the invocation of the Emergencies Act."
- Claiming the lower court rulings "neuter the Act," the government argues judges applied the "wrong principles on judicial review" and engaged in "second-guessing with the benefit of 20/20 hindsight" regarding the decision to quell the protests.
- Opposing the request, the Canadian Civil Liberties Association argues the government is attempting to relitigate issues the Federal Court of Appeal dismissed, claiming Ottawa lacked sound statutory grounds to deploy the emergency measures.
- While the Public Order Emergency Commission concluded in early 2023 that the government met the high legal standard for using the law, the courts' rulings maintain the measures were not supported by relevant factual constraints.
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25 Articles
25 Articles
The Toronto Star+5 Reposted by 5 other sources
Lower courts’ reasoning ‘neuters’ Emergencies Act, government tells Supreme Court
OTTAWA - The federal government says the courts engaged in "second-guessing with the benefit of 20/20 hindsight" when they ruled it lacked legal justification to use the Emergencies Act four
·Toronto, Canada
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Winnipeg Free Press+18 Reposted by 18 other sources
Lower courts' reasoning 'neuters' Emergencies Act, government tells Supreme Court
OTTAWA - The federal government says the courts engaged in
·Winnipeg, Canada
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Total News Sources25
Leaning Left17Leaning Right0Center6Last UpdatedBias Distribution74% Left
Bias Distribution
- 74% of the sources lean Left
74% Left
L 74%
C 26%
Factuality
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