Ottawa spent “excessive” $2.2 million fighting Emergencies Act challenge

News release from the Canadian Constitution Foundation

Federal Court Justice Richard Mosley found in January that the February 2022 invocation of the Emergencies Act to deal with the Freedom Convoy protests was unreasonable because there was no national emergency nor threats to security of Canada as were required to invoke the Act.

The Canadian Constitution Foundation is shocked to learn that Ottawa spent more than $2 million of taxpayer funds unsuccessfully fighting the legal challenge launched by the CCF and others to the Trudeau government’s illegal invocation of the Emergencies Act in 2022.

The $2,231,000 figure was revealed by the Department of Justice in response to an inquiry from Conservative civil liberties critic Marilyn Gladu.

The hefty figure was first reported in the Globe and Mail. Experienced counsel told the Globe that the amount spent was “excessive.”

The number includes the cost that the government spent fighting the judicial review of the invocation decision in Federal Court. It does not include the cost of Ottawa’s appeal, which is proceeding at the Federal Court of Appeal.

Federal Court Justice Richard Mosley found in January that the February 2022 invocation of the Emergencies Act to deal with the Freedom Convoy protests was unreasonable because there was no national emergency nor threats to security of Canada as were required to invoke the Act.

Justice Mosley also found that regulations made as a result of the invocation violated freedom of expression because they captured people who “simply wanted to join in the protest by standing on Parliament Hill carrying a placard” and the right to be free from unreasonable searches and seizures because bank accounts were frozen without any sort of judicial pre-authorization.

CCF Litigation Director Joanna Baron was dismayed to learn how much Ottawa spent.

“Civil liberties groups like the CCF rely on regular Canadians who care about rights and freedoms to fund this type of public interest litigation,” she said.

“The fact that the government seems willing to spend whatever it takes to defend its unlawful decision shows what we’re up against when we fight to protect the constitution and the rule of law.”

The CCF is calling on the federal government to drop the appeal of Justice Mosley’s decision.

Canadians who agree with the decision are encouraged to sign the CCF’s online petition calling on the government to drop the appeal. The CCF is also asking Canadians to consider making a tax-deductible charitable donation to the CCF that will assist with fighting the appeal.

The CCF is represented by Sujit Choudhry of Haki Chambers and Janani Shanmuganathan of Goddard & Shanmuganathan.

Related Topics:#CanadianConstitutionFoundation #CCF #EmergenciesAct #MarilynGladu

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Freedom Convoy protestor Evan Blackman convicted at retrial even after original trial judge deemed him a “peacemaker”

Published on November 22, 2025

Todayville

Evan Blackman and his son at a hockey game

The Justice Centre for Constitutional Freedoms announces that peaceful Freedom Convoy protestor Evan Blackman has been convicted of mischief and obstructing a peace officer at the conclusion of his retrial at the Ontario Court of Justice, despite being fully acquitted on these charges at his original trial in October 2023.

The Court imposed a conditional discharge, meaning Mr. Blackman will have no jail time and no criminal record, along with 12 months’ probation, 122 hours of community service, and a $200 victim fine surcharge.

The judge dismissed a Charter application seeking to have the convictions overturned on the basis of the government freezing his bank accounts without explanation amid the Emergencies Act crackdown in 2022.

Lawyers funded by the Justice Centre had argued that Mr. Blackman acted peacefully during the enforcement action that followed the federal government’s February 14, 2022, invocation of the Emergencies Act. Drone footage entered as evidence showed Mr. Blackman deescalating confrontations, raising his hand to keep protestors back, and kneeling in front of officers while singing “O Canada.” The original trial judge described Mr. Blackman as a “peacemaker,” and acquitted him on all charges, but the Crown challenged that ruling, resulting in the retrial that has now led to his conviction.

Mr. Blackman was first arrested on February 18, 2022, during the police action to clear protestors from downtown Ottawa. Upon his release that same day, he discovered that three of his personal bank accounts had been frozen under the Emergency Economic Measures Order. RCMP Assistant Commissioner Michel Arcand later confirmed that 257 bank accounts had been frozen nationwide under the Emergencies Act.

Constitutional lawyer Chris Fleury said, “While we are relieved that Mr. Blackman received a conditional discharge and will not carry a criminal record, we remain concerned that peaceful protestors continue to face disproportionate consequences stemming from the federal government’s response in February 2022.”

“We are disappointed that the Court declined to stay Mr. Blackman’s convictions, which are tainted by the serious infringements of his Charter-protected rights. Mr. Blackman is currently assessing whether he will be appealing this finding,” he added.

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Crown still working to put Lich and Barber in jail

Published on November 6, 2025

Todayville

From LifeSiteNews

By Anthony Murdoch

The Crown’s appeal claims the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

Government lawyers for the Crown have filed an appeal the acquittals of Freedom Convoy leaders Tamara Lich and Chris Barber on intimidation charges.

The Crown also wants their recent 18-month conditional sentence on mischief charges replaced with harsher penalties, which could include possible jail time.

According to the Justice Centre for Constitutional Freedoms (JCCF), it is “asking the Ontario Court of Appeal to enter a conviction on the intimidation charge or order a new trial on that count,” for Barber’s charges.

Specifically, the Crown’s appeal claims that the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

As reported by LifeSiteNews, both Lich and Barber have filed appeals of their own against their house arrest sentences, arguing that the trial judge did not correctly apply the law on their mischief charges.

Barber’s lawyer, Diane Magas, said that her client “relied in good faith on police and court direction during the protest. The principles of fairness and justice require that citizens not be punished for following the advice of authorities. We look forward to presenting our arguments before the Court.”

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

The Lich and Barber trial concluded in September 2024, more than a year after it began. It was originally scheduled to last 16 days.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years.

LifeSiteNews recently reported that Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandchildren from school without permission from the state.

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.