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Opinion: Trudeau government only winner in Emergencies Act decision – Pique News Magazine

January 25, 2024

The Federal Court has done nothing more than say the federal government was not justified in invoking the Emergencies Act.

On 14 February 2022, the Liberal government of Justin Trudeau invoke the Emergencies Act to deal with protesters in Ottawa. On 23 January 2024, the Federal Court ruled in Canadian Frontline Nurses v. Canada that use of the act was unreasonable.

On its face, it is a victory for those opposed to the use of the act.

That being said, the federal government has announced it is going to appealing it and after reading through the ruling it is clear that the Federal Court was not impressed by a number of the arguments made by the applicants, even going so far as to say that “the private interest litigants were not as capable of marshalling the evidence and argument in support of their applications” (s.371), adding that if it was not for the involvement of the Canadian Civil Liberties Association (CCLA) and the Canadian Constitution Foundation (CCF) that they might have lost the case.

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