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.