Court rules Trudeau's use of martial law to crush peaceful trucker protest was 'unjustified' and unlawful



A Canadian federal court ruled Tuesday that Prime Minister Justin Trudeau's use of martial law in 2022 to crush the peaceful trucker protests "was not justified." Justice Richard Mosley noted further that "the decision to issue the Proclamation was unreasonable and led to infringement of Charter rights."

While a poll indicated last month that a supermajority of Canadians already wanted Trudeau to resign, he now faces additional pressure to step down. However, his deputy — who recently smirked as a reporter was bashed and arrested by police for asking her questions — indicated the Liberal regime will continue to defend its actions and appeal the ruling.

Meanwhile, NDP leader Jagmeet Singh and his socialist party are attempting to retroactively qualify their support for the Emergencies Act invocation, suggesting they had championed it "reluctantly."

What's the background?

The trucker protests, dubbed the Freedom Convoy by organizers, kicked off in early 2022 in response to the Canadian government's draconian COVID-19 vaccine mandates and travel restrictions, which greatly impacted the livelihoods of those whose jobs required them to leave the house.

A massive convoy comprising Canadian flag-adorned trucks and other vehicles drove across the country, cheered on by massive crowds at various stops along the way, until it ultimately reached Ottawa, the nation's capital.

In Ottawa, multitudes of citizens crewed outside their Parliament, calling on the Liberal regime to drop some of its pandemic protocols, which even one of the authors of Canada's Charter of Rights and Freedoms said were unconstitutional.

The protests took on the atmosphere of a winter festival, complete with bounce castles, saunas, musical performances, dancing, and speeches. Crime dropped in the Canadian capital during this so-called occupation, and demonstrators periodically shoveled the sidewalks.

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Not all were keen on the protests, however. Affluent residents in the government city claimed they were left traumatized by the sight of Canadian flags and the sound of honking, according to CTV News.

While Trudeau had not intervened in previous political protests — such as those staged by BLM or Idle No More activists — and had not taken similar action in 2020 when anti-pipeline activists blockaded Canadian rail lines, paralyzing the country, the peaceful trucker protests were evidently too much for him to bear.

Martial law

With the approval of his Cabinet and the support of Singh's New Democratic Party, Trudeau invoked the Emergencies Act from Feb. 17 to 23, 2023. At the time of the declaration, there were still around 500 trucks remaining in Ottawa.

"These illegal blockades are hurting Canadians, and they need to stop," said Trudeau.

The Emergencies Act is a revised version of Canada's former War Measures Act, which can be invoked in national emergencies that "seriously threate[n] the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada."

Police seized fuel from the truckers in subzero conditions, towed 115 trucks, and arrested hundreds of protesters. The Liberal regime also discussed deploying German Leopard battle tanks against protesters; froze 257 bank accounts; and altogether clamped down on public criticism of government overreach.

Trudeau was condemned by members of the Conservative Party and civil rights organizations, as well as by foreign dignitaries.

An internal Department of Public Safety report later revealed there was no evidence of violence committed by Freedom Convoy protesters in Ottawa; that "the majority of the events have been peaceful"; and that the "disruption to government activities is so far minor."

In late 2022, Trudeau told the Public Order Emergency Commission what allegedly made the Freedom Convoy unusual was that the protesters expressed a "certain level of frustration" that was "very concerning."

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'Unjustified'

Siding with civil liberties groups in his Tuesday ruling, Justice Mosley indicated that while economically impactful, the Freedom Convoy protests neither threatened national security nor warranted martial law.

"I have concluded that the decision to issue the Proclamation [of the Emergencies Act] does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified," wrote Mosley.

The court also found that the Trudeau regime had not exhausted other available, less extreme legal options to tackle what it perceived as a threat.

"Due to its nature and to the broad powers it grants the Federal Executive, the Emergencies Act is a tool of last resort," wrote Mosley. "The GIC cannot invoke the Emergencies Act because it is convenient, or because it may work better than other tools at their disposal or available to the provinces."

The Canadian Civil Liberties Association, one of the groups that challenged the Liberal regime, said in a statement, "Emergency is not in the eye of the beholder. Emergency powers are necessary in extreme circumstances, but they are also dangerous to democracy. They should be used sparingly and carefully."

"They cannot be used even to address a massive and disruptive demonstration if that could have been dealt with through regular policing and laws," continued the CCLA. "The Federal Court agreed that this threshold was not met."

Canadian Constitution Foundation executive director Joanna Baron, who also challenged the use of the act, said, "The invocation of the Emergencies Act is one of the worst examples of government overreach during the pandemic and we are very pleased to see Justice Mosley recognize that Charter rights were breached and that Cabinet must follow the law and only use the Act as a tool of last resort."

Liberals unrepentant amidst resignation calls

While Trudeau dodged questions from reporters after the ruling, Deputy Prime Minister Chrystia Freeland indicated the Liberal regime is unrepentant and will appeal the ruling, reported the National Post.

"The public safety of Canadians was under threat; our national security, which includes our national economic security, was under threat," said Freeland. "I was convinced at the time. It was the right thing to do. It was the necessary thing to do."

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Cosmin Dzsurdzsa of True North intimated the appeal might be well received, given that two-thirds of the 15 Federal Court of Appeal judges were Liberal appointees.

Conservative Party Leader Pierre Poilievre — poised to beat Trudeau in the next election should the Liberal fail to resign — said Trudeau "broke the highest law in the land with the Emergencies Act. He cause the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens."

Former Conservative Party Leader Andrew Scheer stressed that "Trudeau must now answer for his reckless abandonment of the law and the most basic freedoms of all Canadians."

Scheer said in another message, "Never again let Trudeau give a lecture about Charter rights."

Maxime Bernier, head of the People's Party of Canada, reiterated that the Liberal government is a "tyrannical regime," adding in a subsequent tweet that the decision by the Liberal government was "absolutely horrendous, violent, abusive and unnecessary."

Ezra Levant, the publisher of Rebel News, suggested that in "any healthy democracy he'd resign."

Jay Bhattacharya, professor at the Stanford School of Medicine and co-author of the "Great Barrington Declaration," wrote, "In light of the Federal Court ruling that the Canadian government violated the basic civil rights of its citizens by invoking the Emergencies Act, Justin Trudeau should resign and there should be a new election."

Dr. Jordan Peterson wrote, "If the government violates its own constitution in what way is it still the government? A dead serious question @JustinTrudeau[.] Looks like it's high time for you to hit the road, Jack."

Trudeau presently has a disapproval rating of 64% according to the Angus Reid Institute. An Ipsos poll last month indicated that 69% of Canadians think Trudeau should step down.

Trudeau appears to be in hiding, as he has no public events scheduled for Wednesday.

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Canadian Court Rules Trudeau’s ‘Unreasonable’ Crackdown On Trucker Convoy Violated Federal Law

A Canadian court ruled that PM Justin Trudeau's use of a law to target truckers protesting Covid shot mandates was unlawful.

Ottawa's mayor wants to sell trucks towed during Freedom Convoy protests: 'I was so delighted to see so many tow trucks'



Ottawa Mayor Jim Watson says he wants his city to sell the vehicles and other equipment seized during the Freedom Convoy protests to recoup money spent on law enforcement and his city's response to the demonstrations.

What is the background?

After Canadian Prime Minister Justin Trudeau invoked the Emergencies Act last week, law enforcement began clamping down on protesters.

To stop what the Canadian government is describing as an "unlawful assembly," the Emergencies Act gives law enforcement broad authority to arrest demonstrators, permits authorities to freeze bank accounts and another financial assets, and take other measures the government deems necessary to stop protests.

What did Watson say?

Watson told CTV News over the weekend that he has asked the Ottawa city manager how Ottawa can sell confiscated vehicles to pay for costs associated with responding to the protests.

"I've asked our city manager, for instance, how can we take possession of all of those trucks that have been towed away?" Watson said. "I was so delighted to see so many tow trucks involved in the operation. How can we confiscate those and sell those trucks to help pay for some of our costs?

"I don't think the taxpayers of Ottawa should be paying for this multi-million dollar bill that we're going to be saddled with because of the irresponsibility and the illegal activities of a bunch of truckers and others who showed little regard for our community and its people," Watson added.



According to CTV News, Watson said the Emergencies Act — which the Canadian Parliament upheld and extended on Monday — gives his government the authority to permanently confiscate towed vehicles.

Police in Ottawa towed dozens of vehicles that had clogged city streets after the Freedom Convoy protests arrived to Canada's capital city in late January. Whether Watson's government will be able to sell seized trucks and cars remains to be seen.

An advisory from Ottawa police said that any towed vehicle would be impounded for seven days. After the one-week waiting period, owners would be able to retrieve their property.

It is not exactly clear how much money Ottawa spent responding to the protests, between police officers and public works. However, Ottawa city treasurer Wendy Stephanson said the demonstrations were costing the city approximately $1 million per day.

Canadian Parliament cancels meeting as police clear out protesters



Canada's Parliament will not meet Friday to debate the emergency powers Prime Minister Justin Trudeau invoked on Monday because of a "police operation" to clear out the Freedom Convoy protesters in downtown Ottawa.

The House of Commons was supposed to continue debate on whether to affirm the use of the Emergencies Act to crack down on the anti-vaccine-mandate protests. But in a message to lawmakers, House Speaker Anthony Rota announced the House will not sit because "a police operation is expected to take place on Wellington Street and other locations in the downtown core of Ottawa."

"Given these exceptional circumstances, and following discussion with all recognized party leadership, the sitting today is canceled," Rota announced.

The Canadian Parliament\u2019s sitting has been cancelled today \u2014 a day where MPs would have been able to challenge Trudeau\u2019s use of the Emergencies Act \u2014 using the police operation against the protesters as justification.https://twitter.com/HoCSpeaker/status/1494646506770600000\u00a0\u2026
— Anthony Furey (@Anthony Furey) 1645186923

Police began arresting Ottawa protesters Friday as authorities prepare to remove the more than 300 trucks that remain downtown, where they have disrupted traffic for weeks. The arrests come after the Emergencies Act gave law enforcement additional powers to fine and imprison those involved with the protest.

The emergency declaration stipulates that demonstrators cannot protest on Parliament Hill or in the parliamentary precinct, at hospitals, airports, trade corridors, bridges, and the area around infrastructure for water, gas, sanitation, and telecommunication utilities.

Protesters have been barred from bringing children under the age of 18 to the demonstrations; foreign nationals cannot enter Canada to participate in or facilitate an "illegal assembly"; and banks and insurance companies have been authorized to freeze participants' accounts and cancel their vehicle insurance without a court order.

Since the emergency went into effect, blockades at border crossings in Ontario, Manitoba, Alberta, and British Columbia have been cleared out, with the last stronghold of the convoy remaining in Ottawa.

Parliament began debating the use of the Emergencies Act on Thursday and is scheduled to continue debate until Monday evening, when the House will hold a vote.

Under the law — which grants the government significant powers to curtail civil liberties to protect national security during an emergency — Parliament must consider the invocation of emergency powers within seven days, or it will expire. If either the House of Commons or the Senate of Canada votes against the motion to confirm the declaration of an emergency, the emergency will end.

On Wednesday, Trudeau's Liberal government published its reasons for declaring an emergency, calling the protests taking place across the country "concerning, volatile and unpredictable."

"The protesters have varying ideological grievances, with demands ranging from an end to all public health restrictions to the overthrow of the elected government," the government claimed.

"Ideologically motivated violent extremism adherents may feel empowered by the level of disorder resulting from the protests," it asserted.

Public Safety Minister Marco Mendicino said earlier that day that several individuals involved in a blockade of the border crossing in Coutts, Alberta, have "strong ties to a far-right extreme organization with leaders who are in Ottawa."

Four border protesters were arrested there and have been charged with conspiring to murder Royal Canadian Mounted Police officers and possession of a weapon for dangerous purpose.

But Mendicino did not elaborate on which "far-right extreme organization" the protesters were connected with.

During heated debate Thursday, Trudeau's ministers faced sharp criticism from Conservatives who demanded evidence to support the government's accusation that "ideologically motivated violent extremism" is present at the protests, according to CBC News.

"Parliamentarians deserve real evidence, not conjecture, from this minister before we can ever contemplate suspending the rights of Canadians," Conservative MP Dane Lloyd, the opposition's emergency preparedness critic, said.

Trudeau began debate by calling the protests and blockades illegal and dangerous.

"For the good of all Canadians, the illegal blockades and occupations have to stop and the borders have to remain open," he said.

"The blockades and occupations are illegal. They're a threat to our economy and [our] relationship with trading partners. They're a threat to supply chains and the availability of essential goods, like food and medicine. And they're a threat to public safety."

Interim Conservative leader Candice Bergen countered by calling Trudeau's decision to declare an emergency "extremely disappointing" and arguing that the prime minister took an extreme measure without preliminary action.

"We want to lower the temperature across the country. The prime minister clearly wants to raise it," Bergen said.

She called on the New Democratic Party to join the Conservatives and the Bloc Québécois in voting the declaration down, but NDP Leader Jagmeet Singh rebuffed her.

"The interim leader of the Conservative Party says, 'We have heard you, we will keep standing up for you.' Do you regret endorsing a convoy that is attacking the fundamental democracy of our country? Do you regret endorsing and supporting an occupation that has harassed citizens?" Singh said during debate.

He later told reporters that the NDP will vote with the Liberals to support the emergency declaration, but with certain conditions attached.

"We are ready to pull our support if we no longer need to continue, if the measures are no longer necessary, or if the government adds powers," he said.

Canadian parents could face fines or jail time for bringing children to ‘unlawful’ Freedom Convoy protests under new emergency powers act



Canadian parents who bring their children to demonstrations the government considers to be "unlawful" can now face thousands of dollars in fines or jail time, CBC News reported.

The new power reportedly comes after the federal government invoked the Emergencies Act this week, granting itself exceptional measures to address the country's ongoing Freedom Convoy trucker protests. It marked the first time the act has been invoked since its passage in 1988.

For more than two weeks now, thousands of demonstrators have been camping in Ottawa, Canada's capital city, in protest of the country's COVID-19 vaccine mandate. Elsewhere, protesters have blocked border crossings between the U.S. and Canada, vowing to stay until Prime Minister Justin Trudeau lifts vaccine mandates and other coronavirus restrictions on truckers crossing the border.

Under the act, the federal government can restrict travel and prohibit people from bringing minors to any public assemblies that disrupt the movement of people, goods, and trade, or that support the "threat or use of acts of serious violence against persons or property."

Specifically, the act allows government authorities to administer fines of up to $5,000 or five years jail time for those who bring children under the age of 18 to participate in the assembly and the same penalties for anyone who participates in the blockades or brings aid — such as food or fuel — to people involved, CBC noted.

Banks and insurance companies have also been granted the authority to freeze participants' accounts and cancel their vehicle insurance.

In a notice issued Wednesday, Ottowa police told protesters, "You must leave the area now. Anyone blocking streets, or assisting others in the blocking streets, are committing a criminal offence and you may be arrested."

"You must immediately cease further unlawful activity or you will face charges," the notice added.

Public Safety Minister Marco Mendicino similarly commented, "To those who may be thinking to come to Ottawa this weekend — don't. At best, the residents of the city have made it clear that this is not the time. And at worst, you may be tying yourself to dangerous criminal activity."

While announcing the invocation of the Emergencies Act on Monday, Trudeau noted that the military would not be called in to disperse the crowds but said the nation's police would be granted greater power to impose fines and imprisonment on those engaging in "illegal and dangerous activities."

"This is about keeping Canadians safe, protecting people's jobs, and restoring confidence in our institutions," he said.

Ottawa police are ticketing Freedom Convoy protesters, warning them to leave or face arrest



Canadian truckers and other Freedom Convoy demonstrators are being ticketed by Ottawa police and warned to leave downtown immediately or risk arrest after Prime Minister Justin Trudeau seized emergency powers to end the vaccine mandate protest.

Authorities informed the truckers that they could lose their licenses and have their vehicles seized by the government under the Emergencies Act, which Trudeau invoked Monday.

As police handed out tickets, several protesters remained defiant, according to the Associated Press. Some truckers reportedly ripped up leaflets ordering them to leave. Others threw the warning in a toilet put out on the street, while still others remained in their trucks and continued to honk their horns.

"I will never go home!" one demonstrator shouted.

The protesters are reportedly preparing to be removed by force, but police have not indicated if or when they will take such action.

For three weeks now, the Freedom Convoy protesters have log-jammed downtown Ottawa with thousands of trucks, while elsewhere protesters have attempted to form blockades at border crossings between the U.S. and Canada. The movement began as a protest against COVID-19 vaccine mandates imposed on truckers who cross the border for work but won broad support from those opposed to coronavirus restrictions generally and Trudeau's leadership the pandemic.

While the protests appear to be mostly peaceful, Ottawa residents have complained about being inconvenienced by the inability to access downtown, and some have reported they were harassed or intimidated by demonstrators.

Trudeau has called the protests "illegal" and variously referred to the demonstrators as racists, sexists, extremists, and fringe. After invoking emergency powers on Monday, Trudeau gave police greater authority to make arrests and impose fines on the protesters, whom he accused of engaging in "illegal and dangerous activities."

Authorities also claimed the power to have financial service providers seize funds donated to support the protests without a court order to do so.

With their enhanced powers, Ottawa police are reportedly "optimistic" they can regain control of downtown and remove the estimated 360 vehicles that remain, down from a high of about 4,000.

The police appear to be using the same tactics they used to clear the blockade at the Ambassador Bridge connecting Windsor, Ontario to Detroit, Michigan. Police there had distributed leaflets warning those participating in the blockade that they would be arrested unless they ceased and desisted.

Once enough of the protesters had left the area, police arrested those dozens that remained and cleared the blockade.

Trudeau invokes emergency powers to end Freedom Convoy protests



Canadian Prime Minister Justin Trudeau on Monday invoked rare emergency powers to end the Freedom Convoy trucker protests against vaccine mandates.

In Canada's capital, Ottawa, hundreds of truckers have entered their third week of protest against the government's COVID-19 vaccine mandate, occupying the city's downtown area. Elsewhere, protesters have blocked border crossing between the U.S. and Canada, demanding that Trudeau lift the vaccine requirements on truckers that cross the border, as well as other coronavirus restrictions.

Canadian authorities said Sunday they had arrested several people and towed a pair of pickup trucks that had been parked to block an intersection leading to Ambassador Bridge, which connects Windsor, Ontario, to Detroit, Michigan. In the province of Alberta, police arrested 11 people near a border crossing and found a cache of firearms and ammunition.

"This is not a peaceful protest," Trudeau declared at a press conference.

The prime minister announced that he has invoked the 1988 Emergencies Act, a law that permits the federal government to override the provinces and suspend certain civil liberties to protect national security during an emergency. Trudeau's powers under the act would enable him to prohibit public assembly, travel, and to mobilize government support for local police, according to Reuters.

"With each of the illegal blockades, local law enforcement agencies have been acting to keep the peace within their jurisdiction. Despite their best efforts, it is now clear there are serious challenges to law enforcement's ability to effectively enforce the law," Trudeau said.

"After discussing with cabinet and caucus, after consultation with premiers from all provinces and territories, after speaking with opposition leaders, the federal government has invoked the Emergencies Act to supplement provincial and territorial capacity to address the blockades and occupations," he announced.

The Emergencies Act has never been invoked by a Canadian prime minister. A previous version of the law called the War Measures Act was used during peacetime by Trudeau's father, former Prime Minister Pierre Trudeau, who in 1970 used emergency powers to deal with a militant group of Quebec separatists who had kidnapped a British diplomat and then abducted a provincial cabinet minister who was later killed in captivity.

The law defines a national emergency as a temporary "urgent and critical situation" that "seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it."

"I want to be very clear, the scope of these measures will be time-limited, geographically targeted, as well as reasonable and proportionate to the threats they are meant to address," Trudeau said.

CBC/Radio-Canada, a publicly funded news outlet, reported that Emergency Preparedness Minister Bill Blair has been in "daily" discussions with Trudeau's cabinet on using on the government's emergency powers. Blair said the government was "prepared to do everything necessary" to end the protests.

At the press conference, Trudeau outlined how the Emergency Act will be used to "get the situation under control."

The prime minister said that police will be given greater powers to impose fines on or imprison the protesters in Ottawa and at points of entry between the U.S. and Canada, accusing the demonstrations of engaging in "illegal and dangerous activities." Trudeau said the government will designate border crossings and airports, among other places, as "critical" to the Canadian economy and will protect those areas.

He added that the government will be empowered to tow vehicles blocking roads and that financial institutions would be empowered to block funding for the protests and will not need a court order to do so.

Trudeau deputy PM: \u201cFinancial service provider will be able to immediately freeze or suspend an account without a court order [if the person supports the truckers]. In doing so, they will be protected against civil liability for actions taken in good faith."pic.twitter.com/DFzWxkL0dL
— Tom Elliott (@Tom Elliott) 1644876037

Deputy Prime Minister Chrystia Freeland explained that any trucker that's using their vehicle in the "illegal blockades" will have their corporate accounts frozen and the insurance on their truck suspended.

Canada's Deputy Prime Minister:\n\n"If your truck is being used in these illegal blockades, your corporate accounts will be frozen, the insurance on your vehicle will be suspended."pic.twitter.com/iv1K8VDhAL
— Greg Price (@Greg Price) 1644876043

"This is about keeping Canadians safe, protecting people's jobs, and restoring confidence in our institutions," Trudeau said.

The prime minister emphasized that the government will not call in the military to end the protests.

"We're not using the Emergencies Act to call in the military. We're not suspending fundamental rights or overriding the Charter of Rights and Freedoms. We are not limiting people's freedom of speech, we are not limiting freedom of peaceful assembly. We are not preventing people from exercising their right to protest legally. We are reinforcing the principles, values, and institutions that keep all Canadians free," Trudeau said.