The Canadian Constitution Foundation (CCF) is preparing to return to court once again to address the unjustified use of the Emergencies Act against Canadians.

This comes after a landmark ruling by Justice Richard Mosley on January 23 of this year in which he “sided with the Canadian Constitution Foundation and other public interest litigants when he found that the Trudeau government’s use of the Emergencies Act was illegal and unconstitutional. Justice Mosley found that there was no national emergency and no threat to the security of Canada, which are legal requirements built into the Act to prevent it from being abused. He also found that the orders freezing bank accounts violated the constitutional right to be secure against unreasonable searches and seizures, and that the restrictions on protests violated the right to freedom of expression.”

This decision represented a significant blow to the PM and Cabinet Members whose overreaching use of the Emergencies Act had intentionally stripped the constitutional rights and freedoms from protestors peacefully speaking out.
The federal government refused to accept this ruling, announcing within minutes of the decision being released that an appeal would be forthcoming.

That appeal date has not been set yet but is expected to be scheduled early in the new year.

In anticipation of the coming appeal, CCF has filed documents outlining the justification for the original decision, showing that both definitions and procedures were ignored in the fervor to gain unlimited control over the citizens of Canada when clearly, no emergency existed (a fact reinforced by CSIS).
The documents go on to show the intention of the Emergencies Act and how it was created with the objective of protecting Canadians from the errors and omissions of its predecessor; the War Measures Act, last employed against Canadians in October of 1970 in response to the crisis in Quebec.

This case remains one of the most important precedents that can be set for the continued support of the rights and freedoms of all Canadians. We stand with CCF as they push forward in their efforts to support our laws as they were intended and will follow the appeal closely as it proceeds.

While we can endlessly debate the merits of the Freedom Convoy protests; as it stands, in the eyes of the law these were peaceful events that did not pose a significant threat to our country or our citizens. In a world where our governments seek to stretch and inflate their powers beyond what is just, we must continue to protect our ability to speak out and be heard in opposition of this abuse of power.

To read the Canadian Constitution Foundation’s Press Release, click here