Liberals determined to reject rule of law after Emergencies Act ruling: Aaron Wudrick

From the MacDonald Laurier Institute

The government comforts itself in the fiction that the rules don’t apply to it

On Tuesday, The Federal Court of Canada released a decision that all Canadians should celebrate as an important victory for the rule of law in Canada.

In an application brought by two public interest law associations — the Canadian Constitution Foundation and the Canadian Civil Liberties Association — the court considered two questions. Whether the Trudeau government acted outside the law in invoking the Emergencies Act in February 2022 to put an end to the Freedom Convoy protests in Ottawa, and whether orders issued under the authority of the act violated the Charter. On both counts, the court answered unambiguously: yes, they did.

Perhaps the most striking thing about the court decision authored by Justice Richard Mosley is how straightforward much of the reasoning is. There is no tortured logic, no obscure line of argument, no abstract reasoning; the principles at stake are easily digestible by lawyers and non-lawyers alike. Justice Mosley does exactly what most Canadians probably expect courts to do: consider evidence; read what the law says; and draw conclusions that, for lack of a better phrase, reflect common sense.

Take for example the government’s insistence that the Freedom Convoy constituted a “threat to the security of Canada” — a phrase which is explicitly defined in the Emergencies Act as having the same meaning as it does in Section 2 of the Canadian Security Intelligence Service (CSIS) Act. Unfortunately for the government, CSIS’s official determination was that the convoy did not constitute a threat to the security of Canada. This being a very inconvenient obstacle for a government that wanted to invoke the act, Cabinet simply came up with a new strategy: ignore the statutory requirement that the Section 2 CSIS Act definition be met, come up with an alternative definition that better fits their argument, and make the opposite finding! QED.

Understandably, Justice Mosley had none of this. The law says what the law says. Perhaps, as has been argued elsewhere, using the CSIS Act definition of “threat to the security of Canada” is a poor fit for the Emergencies Act. If so, Parliament is well within its rights to amend it. But it’s not what the law said in February 2022, and Cabinet cannot simply wave away the words because it happens to be inconvenient for their best-laid plans.

On issue after issue — the scope of the security threat; the claim that enforcement tools under existing laws being exhausted; the reasonableness of sweeping violations of Charter rights of free expression and against unreasonable search and seizure — Justice Mosley, after looking at all the evidence, disagreed with the government’s assertions. The government’s claims simply did not survive contact with a fulsome evidentiary record.

Nor was the ruling only damning to the government’s flimsy arguments. It was also an implicit rebuke to Justice Paul Rouleau, the head of the Public Order Emergency Commission, who made the unnecessary and ill-advised choice in his final report to muse about the legality of the act’s invocation, in spite of the fact that — by his own admission — it was not part of his mandate to do so, and he had not undertaken a formal analysis.

Perhaps most interesting of all was Justice Mosley’s candid admission towards the end of his decision that he had initially “been leaning to the view that the decision to invoke the (Emergencies Act) was reasonable” and acknowledged that it was only after taking the time to “carefully deliberate about the evidence and submissions” and the applicants’ “informed legal argument” did he conclude — unambiguously — that the government had acted outside the law.

And what of the political fallout? There is a world in which a government might, when confronted with a court ruling that they illegally invoked and abused the most draconian law on the books, simply accept the ruling with humility, apologize unreservedly for having overstepped, and resign on principle.

Clearly, we don’t live in that world: unrepentant as ever, and within an hour of the decision’s release, Deputy Prime Minister Chrystia Freeland announced that the government would be appealing it. This is completely in character for a government that has time and again sneered at the rule of law — e.g. their ethics violations both big and small, the SNC-Lavalin scandal — preferring to comfort itself with fiction that rules are for other people.

Canadians know better. Governments are obliged to follow the law, just like everyone else — and we owe Justice Mosley a debt of gratitude for the timely reminder of that fact.

Aaron Wudrick is a lawyer and the domestic policy director at the Macdonald-Laurier Institute.

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The Covid 19 Disaster: When Do We Get The Apologies?

Published on July 10, 2025

Bruce Dowbiggin

Breaking: Drs. Bonnie Henry and Theresa Tam have been appointed to the Order of Canada in recognition of their role in the country’s response to the COVID-19 pandemic.

And so the game of covid liar’s poker has more winners. It’s like awarding the captain of the Titanic the Nobel Prize for his work on floatation. As we now know these two— and the other WHO finger puppets in Canada— made the Covid 19 episode worse, not better, with their prescription for panic, positives and punishment. Even as they knew the truth about the limits of the virus and the efficacy of vaccines they continued to spew fallacious PCR data on the extent of the sickness and who was at risk.

Put simply, to protect vulnerable seniors they said kids were also at great risk. Which was unconscionable.

In this they encouraged Justin Trudeau in his worst instincts, combining his father’s insouciant disregard for civil rights (sending in the police) with his mother’s mental stability. Propped up by Team Tam and its U.S. allies such as Anthony Fauci, this hysteria peaked with a sequestered PM crushing the Truckers Convoy’s vaccine protest with emergency measures and destruction of civil liberties.

Lest you wonder, this overreach was recognized at the time. Justice Maclean wrote at the trial of Convoy organizers, “Defendants & other persons remain at liberty to engage in a peaceful, lawful & safe protest”. On Feb. 16, he continued a no-honking order, again writing: “Defendants & other persons remain at liberty to engage in a peaceful, lawful & safe protest.”

The leaders of the Convoy, lynched by Canadian media’s phoney claims of right-wing American interference, are still fighting jail time on charges of nuisance. While violent criminals are routinely released on bail or absolved.

Justice Richard Mosley later concluded that while the convoy was a disruption of public order, it didn’t constitute a national emergency and invoking the act “does not bear the hallmarks of reasonableness — justification, transparency and intelligibility.” But in real time Team Tam made no attempts to correct the wilder misgivings about Covid (lockdowns, mandatory vaccines). Trudeau was given a hall pass. Needless to say the purchased media made things infinitely worse regurgitating these mistakes.

In short, they knew better but hid the truth. But why pick on Henry and Tam? Under Trudeau and his wingman Jagmeet Singh this was the golden age of lies and prevarications in Canada and the U.S. No apologies were ever offered when the truth emerged.

As we’ve noted before, Trudeau cried with a teddy bear carefully positioned over 751 alleged unmarked graves in a known Catholic cemetery that the local Cowessess band abandoned. The Liberal government knew the claim of 215 “children’s graves” was false, and still ran with it to get Trudeau his photo-op. Naturally the CBC Media Party played (and still plays) accomplice in this farce as the Canadian flag was lowered to half-mast for six months and Trudeau ratted out Canada at the UN as a genocidal state.

There were more, plenty more Trudeau scandals that media endorsed and then stood by even as the truth was revealed. SNC Lavalin. We Charity. Arrive Can app. Firing indigenous justice minister. Chinese drug infiltration/ money laundering. Nazi Celebrated in Parliament. Welcome To Canada immigration. Nova Scotia massacre. McKinsey Consultation. Blackface. And so on.

And were there apologies when it came time to make the Trudeau Liberals accountable? No, they staged a media circus over Donald Trump’s assertion of 51st state. All the fake news and deliberate lies went poof, allowing Mark Carney to seamlessly assume the PM job.

Lest We Forget Pt. 2 it was not exclusive to Canada. As we are now learning: Barack Obama and Joe Biden sat in an August 3, 2016 Situation Room briefing and said, yeah, let the highest officials in our administration fabricate evidence to frame the opposing party candidate Donald Trump. Obama. Biden. Comey. McCabe. Strzok. Page. Rice. Etc.

Knowingly using the faked Clinton campaign ‘Steele Dossier’ hoax, they launched a federal investigation into the Trump presidential campaign that lasted three years after Trump was sworn in as the nation’s 45th President. Arresting and jailing his partners and colleagues. Inventing fake stories for their media enablers. Let’s repeat that. Saint Obama knew there was criminal activity in the process but let his henchmen try to fix an election.

And when the ruse was uncovered no one apologized. No one in authority was fired or jailed. The Pulitzer Prizes awarded to the NT Times and Washington Post for disseminating the DEMs scandal were not rescinded. Nor were they given back by the lying newspapers.

The concerted frauds of the same U.S. DOJ, FBI and State Departments were fed by media and accepted by gullible publics in Canada and America. The fantastical 2020 election results were likewise drummed into the public irrespective of the sudden “appearance” of 27 million new votes during a pandemic.

It was all a fitting preamble to the 2020-2024 Biden senility scandal with Democrats running a man they knew was in full dementia. In the 2020 election Biden was hidden from public view, the better to let media attack Trump for spurious charges launched by partisan DNC attorneys in Georgia, New York and DC. Even then it took the suppression of Hunter Biden’s incriminating laptop just prior to the election to get his father elected.

The dance of denial continued in Biden’s term as he physically and mentally deteriorated before the American public. But inquiries about who was running the government if not Biden were harshly suppressed. Media lackeys noted he was sharp as a tack mentally and in tip-top physical condition when he wasn’t falling down stairs.

It took the stunning 2024 debate debacle with Trump to strip away the lies about Biden’s health, now said to be advanced prostate cancer and Parkinson’s. The media, caught in their own lies about Biden’s condition, offered no apologies and tried to blame Biden’s stutter for the performance.. Right.

These were the two greatest U.S. hoaxes from people who’d cried hoax incessantly. They were hardly the only abuse of public trust. Some of the perpetrators are said to now be under investigation— even as they hand out awards to each other. The media’s credibility is shattered and yet they still blame others. Jaded voters are taking a “we’ll see” approach. But expectations of any change in DC or Ottawa are limited.

As Stephen Taylor posted on X: “Turns out for Liberals, ‘elbows up’ just means ‘noses up’ like it always has.”

Bruce Dowbiggin @dowbboy is the editor of Not The Public Broadcaster A two-time winner of the Gemini Award as Canada’s top television sports broadcaster, his new book Deal With It: The Trades That Stunned The NHL And Changed hockey is now available on Amazon. Inexact Science: The Six Most Compelling Draft Years In NHL History, his previous book with his son Evan, was voted the seventh-best professional hockey book of all time by bookauthority.org . His 2004 book Money Players was voted sixth best on the same list, and is available via brucedowbigginbooks.ca.

Freedom Convoy

Court Orders Bank Freezing Records in Freedom Convoy Case

Published on July 9, 2025

Todayville

By Cindy Harper

UNRAVELING THE DEBAKING

A Canadian court has ordered the release of documents that could shed light on how federal authorities and law enforcement worked together to freeze the bank accounts of a protester involved in the Freedom Convoy.

Both the RCMP and TD Bank are now required to provide records related to Evan Blackman, who took part in the 2022 demonstrations and had his accounts frozen despite not being convicted of any crime at the time.

The Justice Centre for Constitutional Freedoms (JCCF) announced the Ontario Court of Justice ruling. The organization is representing Blackman, whose legal team argues that the actions taken against him amounted to a serious abuse of power.

“The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government,” said his lawyer, Chris Fleury. “These records will hopefully reveal exactly how and why Mr. Blackman’s accounts [were] frozen.”

Blackman was arrested during the mass protests in Ottawa, which drew thousands of Canadians opposed to vaccine mandates and other pandemic-era restrictions.

Although he faced charges of mischief and obstructing police, those charges were dismissed in October due to a lack of evidence. Despite this, prosecutors have appealed, and a trial is set to begin on August 14.

At the height of the protests, TD Bank froze three of Blackman’s accounts following government orders issued under the Emergencies Act. Then-Prime Minister Justin Trudeau had invoked the act to grant his government broad powers to disrupt the protest movement, including the unprecedented use of financial institutions to penalize individuals for their support or participation.

In 2024, a Federal Court Justice ruled that Trudeau’s decision to invoke the act had not been justified.

Blackman’s legal team plans to use the newly released records to demonstrate the extent of government intrusion into personal freedoms.

According to the JCCF, this case may be the first in Canada where a criminal trial includes a Charter challenge over the freezing of personal bank accounts under emergency legislation.