Citizens’ Freedom, Constitutional Rights Group states that it will take legal action against the government’s emergency law


Canada’s Civil Liberty and Constitutional Rights Organization has stated that it intends to bring the federal government to court on the use of emergency law to address ongoing protests against COVID-19’s obligations.

and Press release The Canadian Constitutional Foundation (CCF), issued on February 17, has announced that it will begin legal opposition to the Liberal Party’s government’s enforcement of emergency legislation. The challenge is due to an urgent application for judicial review in federal court.

Christine Van Geyn, CCF proceedings director, said the government has invoked the law as a matter of “illegal and violating the rule of law” and “political convenience.”

“Prime Minister Justin Trudeau has set a dangerous precedent by invoking a federal emergency law that has never been used to deal with the current situation. The Emergency Law declares an emergency that is offensive to public order and morals. Does not meet the high standards for. ” Said Van Gain of the statement.

On February 14, Justin Trudeau became Canada’s first prime minister to enforce an emergency law, using it as a means of quelling ongoing protests against COVID-19’s obligations and restrictions by truck drivers and their supporters across the country. did.

Van Gain said the law had never been enforced and had never been interpreted by the court.

“If Congress approves a state of emergency for public order and morals, the final defense against the rule of law will be the court,” she said.

“This is not about the convoy vs. the city. This is about the rule of law.”

Separately, the Canadian Civil Liberties Association (CCLA) said it intends to sue the federal government for the use of this law, saying that the current situation of protests does not meet the criteria for invoking it. rice field.

“The government’s state of emergency is unprecedented and seriously violates the rights of the Canadian Charter,” said Noah Mendelson Aviv, Managing Director of CCLA. Press conference February 17th.

“The government has introduced extreme measures to prepare for national emergencies. This is an unmet legal standard. Emergency power supplies cannot and must not be normalized. Canada All peaceful and destructive protests in history, some with illegal activity and long-term conflict with police, have never been declared a national emergency under emergency law. “

CCLA Criminal Justice Director Abby Deshman said there have been many “incredibly destructive” protests in Canada in recent history, and emergency law has been used to address those protests. It was not a tool.

She mentioned the 2021 student protests in Quebec. Thousands of students protested there for months, in conflict with the police and damaging their property.

“For the past three decades, Canadian police have successfully dealt with a very wide range of protests without resorting to emergency legislation,” she said.

In the case of the current protest, Mr. Deshman said the standards set out in the emergency law were not met to justify its use.

“Section 3 of the Emergency Law requires that there be national emergencies, temporary, urgent, and serious situations that seriously endanger the health or safety of Canadians’ lives, the proportion of which. Or the nature is beyond capacity or authority. State to deal with it. It also includes situations that seriously threaten the Canadian government’s ability to maintain national sovereignty, security and territorial integrity. Even if the emergency must be something that cannot be effectively dealt with under other Canadian law, “she said.

“We don’t want to minimize the impact of protests on people across the country. However, some of the blockades were very devastating, but ongoing protests are Canadian life, health, and Or it is not clear that it puts safety at risk very seriously and constitutes a national emergency. “

The Center for Constitutional Freedom, which acts as a statutory representative to the organizer, said in a statement prior to the declaration, “Immediately submit a court application to overturn such a declaration.”

“Prime Minister Pierre Trudeau used the War Measures Act of 1970 to deal with the violence, kidnapping and murder of terrorists in Quebec. Today, Prime Minister Justin Trudeau deals with elastic castles and ball hockey. We are considering using the Emergency Act for this purpose, “said Jay Cameron, litigation director at Justin Center. statement February 14.

“Feeding the homeless, scraping snow, picking up trash, dancing on the streets, playing street hockey, waving the Canadian flag, singing the national anthem, an elastic castle for children. Peaceful protesters who build or build do not seriously endanger life, health or security. The Canadian “also these peaceful activities are the state’s ability or authority to deal with it. It is not of a proportion or nature that exceeds. “

Noé Charter contributed to this report.

Omid Ghoreishi

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Omid Ghoreishi is a Toronto-based Epoch Times reporter.

Isaac Theo

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Isaac Teo is a Toronto-based Epoch Times reporter.



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