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Canadians challenge Prime Minister’s decision to prorogue Parliament: “no reasonable justification”

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Justice Centre for Constitutional Freedoms From the JCCF 

The Justice Centre for Constitutional Freedoms is providing lawyers on an urgent basis to two Canadians, David MacKinnon and Aris Lavranos, seeking a Federal Court declaration that Prime Minister Trudeau’s recent prorogation of Parliament is unreasonable and must be set aside.

When Parliament is prorogued, the parliamentary session is terminated, and all parliamentary activity, including work on bills and in committees, immediately stops.

Among its many grounds arguing that Trudeau’s decision to advise the Governor General to exercise her prerogative power to prorogue Parliament to March 24, 2025, this application argues that the decision to prorogue Parliament was “incorrect, unreasonable or both.” The court application, filed today, contends that the Prime Minister’s decision to prorogue “was not made in furtherance of Parliamentary business or the business of government, but in service of the interests of the LPC [Liberal Party of Canada].”

At his news conference yesterday, on January 6, 2025, the Prime Minister’s stated justification for the prorogation was (1) to “reset” Parliament and (2) to permit the Liberal Party of Canada time to select a new party leader. No explanation was provided as to why Parliament could not recess instead. No explanation was provided as to why Members of Parliaments could not immediately exercise their right to vote on a motion of non-confidence in the government. A majority of MPs have now repeatedly promised to do just that, which would trigger an election and provide the needed “reset” in a democratic and legitimate way.

No explanation was provided as to why a prorogation of almost three months is needed. No explanation was provided as to why the Liberal Party of Canada ought to be entitled to such a lengthy prorogation simply so it can hold an internal leadership race.

This Federal Court application includes language taken from a decision of the Supreme Court of the United Kingdom, which ruled in 2019 that then-Prime Minister Boris Johnson had prorogued Parliament unlawfully, as a means of avoiding Parliamentary scrutiny over the government’s “Brexit” negotiations concerning the departure of the United Kingdom from the European Union.

The application contends, among other things, that “in all of the circumstances surrounding it, the [prorogation] has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive, particularly insofar as it relates to Parliament’s ability to deal quickly and decisively with especially pressing issues, such as the situation caused by President-Elect Trump’s stated intention to impose a 25% tariff on all goods entering the United States from Canada.”

“This prorogation stymies the publicly stated intent of a majority of MPs to bring a motion for non-confidence in the government and trigger an election. Prorogation serves the interests of the Liberal Party, but it does not further Parliamentary business or the business of government. It violates the constitutional principles of Parliamentary sovereignty and Parliamentary accountability,” stated lawyer James Manson. “We will invite the Court to conclude that the Prime Minister’s decision to advise the Governor General to prorogue Parliament was without reasonable justification.”

Applicant David MacKinnon feels strongly about this case. He stated, “This case concerns a living tree – our Constitution – and how that living tree withers without proper care. If we are to fight tyranny – for it is tyranny that confronts us – we must find the answer within the memory of our historical past. We call this memory ‘the common law.’ It is enshrined in the preamble of our constitution. The common law is the repository and guarantor of our justice and our wealth and happiness. Had we nurtured our living tree, and looked to our past, we would have read Lord Denning’s admonishment to the Attorney General of an earlier time: ‘Be ye never so high, the law is above you.’”

Business

U.S. Seizes Fentanyl Shipment From Canada In Seattle, As Washington Pressures Ottawa on Crime Networks

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Sam Cooper

U.S. Customs and Border Protection officers have intercepted a shipment containing more than one pound of fentanyl from Canada, marking the latest sign of an accelerating crisis along the BC-Washington border. The fentanyl, concealed within a package believed to have originated in British Columbia, was discovered during a targeted enforcement operation at a Seattle shipping facility on February 6.

The package contained a brown, rock-like substance wrapped in plastic bags. Subsequent testing confirmed it was fentanyl, the synthetic opioid driving tens of thousands of overdose deaths in North America each year.

Area Port Director Rene Ortega, speaking about the seizure, underscored its broader implications. “Fentanyl is an extremely dangerous synthetic drug that continues to devastate communities across the United States,” Ortega said. “CBP remains committed to using every available tool to stop these lethal substances before they reach our streets.”

The latest seizure is part of an escalating pattern that has prompted increasingly aggressive responses from Washington. President Donald Trump has warned of sweeping tariffs in the coming weeks unless Ottawa delivers a credible, actionable plan to crack down on transnational crime networks driving fentanyl production. These networks—operating primarily out of British Columbia—are deeply entrenched with organized crime groups from China and Mexico.

The Bureau has reported extensively on Washington’s mounting frustration with Canada’s handling of the fentanyl crisis. BC Mayor Brad West, who has been in direct communication with senior U.S. officials, has described an urgent shift in tone from American law enforcement and intelligence agencies. In a high-level 2023 meeting with U.S. Secretary of State Antony Blinken, West was briefed on just how seriously Washington views Canada’s role in the illicit drug trade.

“This is no longer just a Canadian domestic issue,” West told The Bureau. “Secretary Blinken made it clear that the Biden administration sees fentanyl as an existential threat. They’re building a global coalition and need Canada fully on board. If we don’t show real progress, the U.S. will protect itself by any means—tariffs or otherwise.”

Concerns extend beyond law enforcement. According to multiple sources with direct knowledge of U.S. intelligence assessments, American agencies have begun withholding key evidence from their Canadian counterparts, citing a lack of confidence that Ottawa will act on it. West confirmed that in his ongoing discussions with senior U.S. officials, they have voiced alarm over the level of access major figures in Asian organized crime appear to have within Canada’s political class.

“They’re basically asking, ‘What’s going on in Canada?’” West said.

The frustration is not new. For years, U.S. and international law enforcement agencies have sought to curb the transnational reach of organizations like Sam Gor, the powerful Asian organized crime syndicate that dominates much of the fentanyl precursor supply chain. But Canada’s response has been widely seen as inadequate. Critics argue that political sensitivities and reluctance to confront entrenched criminal networks have left Canadian law enforcement hamstrung.

The question now is whether Ottawa will take decisive action. Bringing forward measures as sweeping as a RICO-style anti-mafia statute or invoking the notwithstanding clause to bypass legal obstacles to tougher enforcement would represent a sharp departure from the status quo. Both approaches would require confronting entrenched political, legal and economic interests, as well as explaining why existing laws have failed to secure convictions against the most powerful actors in organized crime.

West believes the shifting geopolitical landscape may force Ottawa’s hand. Washington’s patience, he warns, ran thin years ago—and the U.S. is now signaling it will no longer wait.

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Business

An era of Indigenous economic leadership in Canada has begun

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Energy for a Secure Future (ESF), the Institute of Energy Economics, Japan (IEEJ), and the First Nations LNG Alliance have signed a Memorandum of Understanding (MOU) to increase energy trade between Canada and Japan. The MOU was signed at the Canadian Embassy in Tokyo and recognizes the growing importance of Indigenous-led LNG projects in Canada’s energy security, reducing global emissions, and driving economic growth for First Nations and the country as a whole.

With Canada’s trade relationship with the U.S. uncertain—especially with U.S. President Donald Trump threatening a 25 per cent tariff on Canadian exports, including 10 per cent on energy—the need to diversify markets has never been more pressing. Canada ships 97 per cent of its oil and gas to the U.S., leaving the country exposed to the political whims of Washington. Expanding trade partnerships with key allies like Japan provides an opportunity to mitigate these risks and build a more resilient economy.

At the heart of Canada’s modern energy industry are First Nations-led LNG projects, which are proving to be a model for economic reconciliation and environmental responsibility. The Haisla Nation’s Cedar LNG, the Squamish Nation’s involvement with Woodfibre LNG, and the Nisga’a Nation’s Ksi Lisims LNG project exemplify Indigenous leadership in Canada’s energy future. These projects bring economic prosperity to Indigenous communities and position Canada as a key player in low-emission energy for the world.

Few people embody this leadership more than Chief Crystal Smith of the Haisla Nation, who received the 2025 Testimonial Dinner Award on February 7. Her vision and determination have brought Cedar LNG—the world’s first Indigenous-majority-owned LNG facility—to life. Under her leadership, this $4-billion project will start up in 2028 and will be one of the most sustainable LNG facilities in the world, powered entirely by BC Hydro’s renewable electricity. Her work is not just about resource development—it represents a country-changing shift in Indigenous economic leadership. By owning the majority of the Cedar LNG project, the Haisla Nation has set a precedent for economic self-determination, long-term job creation, revenue generation, and skills training for Indigenous youth.

She is echoed by Karen Ogen, CEO of the First Nations LNG Alliance, who has been a long-time advocate for Indigenous participation in LNG. As she says, “Our involvement in LNG not only represents an opportunity for economic growth for our communities and for Canada but will help the world with energy security and emissions reduction.”

The MOU signed in Tokyo signals Japan’s growing interest in Canadian LNG as part of its energy security strategy. Japan is phasing out coal and needs reliable, low-emission energy sources—Canadian LNG is the answer. Shannon Joseph, Chair of Energy for a Secure Future, said, “Japan wants diverse energy partners, and on this mission, we’ve heard clearly that they want Canada to be one of those partners.”

This partnership also highlights Canada’s missed opportunities over the last decade. As industry leaders like Eric Nuttall of Ninepoint Partners have pointed out, Canada could have avoided its current dependence on U.S. markets had it built more pipelines to the east and west coasts. The cancellation of the Northern Gateway and Energy East pipelines left Canada without the infrastructure to reach Asian and European markets.

Now, with the expansion of Trans Mountain (TMX) and the rise of Indigenous-led LNG projects, Canada has a second chance to shape its energy future.

As B.C. Minister of Economic Development Diana Gibson has said, expanding trade relationships beyond the U.S. is key to Canada’s future.

The First Nations-led LNG sector is demonstrating that Indigenous leadership is driving economic reconciliation and strengthening Canada’s geopolitical influence in global energy markets. For too long, Indigenous communities were merely stakeholders in resource projects—now they are owners and partners. First Nations are proving that responsible development and environmental stewardship can coexist.

With the MOU between Canada and Japan, the growth of LNG projects, and the recognition of Chief Crystal Smith, a new era of Indigenous economic power is emerging. These developments make one thing clear: First Nations are not just leading their communities—they are leading Canada.

In times of trade uncertainty, their vision, resilience, and business acumen are building the foundation for Canada’s energy future, ensuring prosperity is shared between Indigenous peoples and all Canadians.

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