Federal Court rules use of Emergencies Act was Unconstitutional and Unreasonable

"The decision to issue the proclamation does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified."

A federal judge has ruled that the Canadian governments use of the Emergencies Act, essentially the invocation of martial law, to shut down the Canadian Freedom Convoy protests two years ago was unreasonable, unjustified and violated Canada’s Charter of Rights and Freedoms.

In a decision released on Tuesday, Canadian Federal Court trial judge Richard Mosely stated that:

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.

Judge Mosely has a background in Canadian national security issues and has taken a role in several Canadian anti-terrorism cases, including those relating to Abdullah and Omar Khadr, as well as Hassan Almrei.

The case (Federal court file No. T-382-22 ) was initiated by the Canadian Civil Liberties Association (CCLA) and the Canadian Cons…