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  • Writer's pictureJohn McDonald

Federal Court declares invocation of Emergencies Act unreasonable and violated the Canadian Charter of Rights and Freedoms.

In a decision reported as 2024 FC 42 Canadian Frontline Nurses v Canada. A Federal court Judge decide that it was unreasonable for the Governor in Council to to Invoke the Act by proclamation, relying heavily on arguments made by the Attorney General for Alberta (an intervenor) The Judge agreed that other Federal and Provincial Laws were demonstrated to be effective, especially in Alberta, Quebec, and "Ontario outside of Ottawa." One of the requirements of the Act is that it must be beyond the resources of the Provinces to deal with.

The Judge went on to consider the Threat to Security leg of the proclamation, and issued extensive reasons why, while there were localized threats (especially at Coutts) they did not give rise to the Definition of Serious Threats as Defined in the CSIS Act, and that the EA is bound to that Definition purposefully.

I won't do a point by point, and it should be noted that the Federal government plans to appeal this decision so time will tell, but for the time being, the Federal Court is of the view that the the situation in Canada at the time, did not reasonably support the invocation of the Emergencies Act.

See the full text of the Decision Here .

Also in conclusion I ought to fully congratulate Blair Ector of Lowberg Ector LLP in his representation of some of the many parties in this Judicial Review.

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