This week, the panel discusses how the government’s use of the Emergencies Act was unreasonable and a violation of the Charter. This comes as a complete shock to the government, as they thought the courts were more of a suggestion than a rule, but they plan to appeal the decision. There are of course no consequences for those government officials that violated your Charter rights.

Intro

Hello to all you patriots out there in podcast land and welcome to Episode 416 of Canadian Patriot Podcast. The number one live podcast in Canada. Recorded January 29th, 2024.

 

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What are we drinking

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Liz - White Claw

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News

Ottawa's use of Emergencies Act against convoy protests was unreasonable, violated Charter, court rules

https://www.cbc.ca/news/politics/emergencies-act-federal-court-1.7091891

• Federal Court Justice Richard Mosley wrote that while the protests "reflected an unacceptable breakdown of public order," the invocation of the Emergencies Act "does not bear the hallmarks of reasonableness – justification, transparency and intelligibility."

• Ultimately, there "was no national emergency justifying the invocation of the Emergencies Act," he wrote.

• The Federal Court case was argued by two national groups, the Canadian Civil Liberties Association and the Canadian Constitution Foundation, and two people whose bank accounts were frozen. They argued Ottawa did not meet the legal threshold when it invoked the legislation, which had never been used before.

• The act gave law enforcement extraordinary powers to remove and arrest protesters and gave the government the power to freeze the finances of those connected to the protests. The temporary emergency powers also gave authorities the ability to commandeer tow trucks to remove protesters' vehicles from the streets of the capital.

• Under the Emergencies Act, a national emergency only exists if the situation "cannot be effectively dealt with under any other law of Canada." Further, a public order emergency can be declared only in response to "an emergency that arises from threats to the security of Canada that are so serious as to be a national emergency." 

The act defers to the Canadian Security Intelligence Service's definition of such threats — which includes serious violence against persons or property, espionage, foreign interference or an intent to overthrow the government by violence.

• "The potential for serious violence, or being unable to say that there was no potential for serious violence was, of course, a valid reason for concern," he wrote. "But in my view, it did not satisfy the test required to invoke the Act, particularly as there was no evidence of a similar 'hardened cell' elsewhere in the country, only speculation, and the situation at Coutts had been resolved without violence."

• Mosley's decision also examined one of the most controversial steps taken by the government in response to the protests — the freezing of participants' bank accounts.

"I agree with the [the government] that the objective was pressing and substantial and that there was a rational connection between freezing the accounts and the objective, to stop funding the blockades. However, the measures were not minimally impairing," he wrote. The judge said the economic orders infringed on protesters' freedom of expression "as they were overbroad in their application to persons who wished to protest but were not engaged in activities likely to lead to a breach of the peace."

He also concluded the economic orders violated protesters' Charter rights "by permitting unreasonable search and seizure of the financial information of designated persons and the freezing of their bank and credit card accounts."

 

There's much more to the Emergencies Act ruling than a rebuke of Justin Trudeau's government

https://www.thestar.com/politics/political-opinion/theres-much-more-to-the-emergencies-act-ruling-than-a-rebuke-of-justin-trudeaus-government/article_36df7ed2-bc9b-11ee-9cd5-dbed89230a60.html

• It’s being framed as one of the most severe rebukes the federal government has received to date: a Federal Court ruling on its use of the Emergencies Act two years ago to end the trucker convoy that occupied the capital for three weeks and saw Canada-U.S. border blockades across the country.

• The decision is ammunition for Conservative Leader Pierre Poilievre, who can now say Prime Minister Justin Trudeau “broke the highest law in the land”

 

Kamloops MP pitched special meeting after Emergencies Act court ruling

https://www.castanetkamloops.net/news/Kamloops/469335/Kamloops-MP-pitched-special-meeting-after-Emergencies-Act-court-ruling

• MP Frank Caputo says he doesn't have enough support from other members of Parliament to investigate the federal government’s use of the Emergencies Act in response to the 2022 Freedom Convoy protests in Ottawa.

• Following the ruling, Caputo and three other Conservatives on the Standing Committee on Justice and Human Rights issued a letter calling for a special meeting to address the ruling.

• “We’re in a situation where the court says that the government violated its own citizens Charter rights," Caputo told Castanet Kamloops. "And that's never a good situation."

• Caputo, along with Rob Moore, MP for Fundy Royal, Larry Brock, MP for Brantford-Brant and Langley-Aldergrove MP Tako van Popta signed off on the letter. NDP MP Randall Garrison from Esquimalt-Saanich-Sooke and the Bloq’s Rhéal Éloi Fortin form Riviere-du-Nord, who also sit on the committee, did not sign.

• The 11-member committee consists of five Liberal MPs, four Conservatives, one NDP and one Bloc Québécois member. In order to hold the meeting, at least five votes were needed, but neither the NDP nor the Bloc Québécois members were interested in signing off

 

Trudeau govt to appeal ruling on use of emergency powers to end 2022 protests

https://www.reuters.com/world/americas/ottawa-appeal-ruling-canadas-use-emergency-powers-was-unreasonable-2024-01-23/

• Freeland, who also serves as the deputy prime minister, said the decision to invoke emergency powers was taken because the public safety of Canadians and national security were under threat. "We have discussed it with the prime minister, with cabinet colleagues, with senior federal government officials and experts,” Freeland said. “We respect, very much, Canada’s independent judiciary. However, we do not agree with this decision and, respectfully, we will be appealing it.” Freeland told reporters in Montreal. "I was convinced at the time it was the right thing to do, it was the necessary thing to do. I remain and we remain convinced of that," she said.

 

Poilievre government would drop appeal of Emergencies Act ruling

https://tnc.news/2024/01/26/poilievre-drop-appeal-emergencies-act/

• Asked whether the Conservatives would drop the appeal if the Conservatives form government and it is still pending, a spokesperson for Poilievre said they would. “Yes, Mr. Poilievre would respect the ruling of the court on this matter,” the spokesperson said.

• The emergency declaration was supposed in the House of Commons by the Liberals and New Democrats. Trudeau revoked the emergency before the Senate voted on it.

• Poilievre trumpeted the decision when it was handed down, saying Trudeau “broke the highest law in the land with the Emergencies Act.”“He caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens. As PM, I will unite our country for freedom.”

Outro

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