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Trudeau gov’t use of Emergencies Act ruled ‘not justified,’ violation of Charter rights

Published

2 years ago

5 minute read

From LifeSiteNews

By Clare Marie Merkowsky

Opposition leader Pierre Poilievre called for Trudeau to be ‘fired’ over his misuse of the Emergency Act. Poilievre argued that the current Prime Minister ’caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens.’

The Canadian Federal Court has announced that the Trudeau government’s use of the Emergencies Act was ‘not justified’ and a violation of the Charter of Rights and Freedoms.

On January 23, Federal Court Justice Richard Mosley ruled that Prime Minister Justin Trudeau was ‘not justified’ in invoking the Emergency Act (EA) to shut down the 2022 Freedom Convoy which protested COVID regulations and vaccine mandates.  

“Having found that the infringements of Charter sections 2(b) and 8 were not minimally impairing, I find that they were not justified under section 1,” Mosley wrote.

“I have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness – justification, transparency, and intelligibility – and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration.”

According to the ruling, the EA is meant to be reserved as a last resort if all other means fail. It cannot be invoked unless all other measures have been exhausted.  

Furthermore, the ruling pointed out that there were other means to end the protest, such as provisions in the Criminal Code, which the province of  Alberta had argued at the time.  

The decision stated that, in addition to being an unnecessary measure,  the EA had violated Canadians’ Charter rights, specifically infringing on freedom of thought, opinion, and expression. 

The Freedom Convoy protest took place in early 2022 in Ottawa and featured thousands of Canadians calling for an end to COVID mandates by camping outside Parliament in Ottawa.  

In response, Prime Minister Justin Trudeau’s federal government enacted the EA on February 14, 2022 to shut down the popular movement.  The measures included freezing the bank accounts of Canadians who donated to the protest.  

Trudeau had disparaged unvaccinated Canadians, saying those opposing his measures were of a “small, fringe minority” who hold “unacceptable views” and do not “represent the views of Canadians who have been there for each other.”   

Trudeau revoked the EA on February 23 after the protesters had been cleared out. At the time, seven of Canada’s 10 provinces opposed Trudeau’s use of the EA .

Additionally, several organizations, including the Canadian Civil Liberties Foundation, the CCF, the Canadian Frontline Nurses, four private applicants, lawyers for the Alberta Government, legally challenged Trudeau’s invoking of the measure.

They have now won their case, a decision immediately celebrated by Canadians on social media. 

Conservative Party leader Pierre Poilievre called for Trudeau to be ‘fired.’ He argued that the current Prime Minister  “caused the crisis by dividing people. Then he violated Charter rights to illegally suppress citizens.” 

“As PM, I will unite our country for freedom,” he promised. 

Similarly, Justice Centre for Constitutional Freedoms lawyer Eva Chipiuk wrote, “This is big! What does it mean for the federal government, elected officials and all those disparaged and defamed protestors, I do not know. But this is big news!” 

“Do not be afraid to stand up to your government,” she encouraged. “In fact, it is your job as a citizen in democracy. Your voice matters, don’t let anyone tell you otherwise.” 

Additionally, the National Citizens Coalition celebrated the ruling, saying, “Trudeau and Freeland’s Emergencies Act was always ‘unreasonable.’ And of course they violated the Charter. Today’s judicial ruling is a win for all freedom-loving Canadians.” 

In response, Liberal Deputy Prime Minister and Finance Minister Chrystia Freeland announced the Trudeau government disagreed with the ruling and planns to appeal the decision.  

 

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COVID-19

Canadian government seeking to destroy Freedom Convoy leader, taking Big Red from Chris Barber

Published on November 27, 2025

By

From LifeSiteNews

By Anthony Murdoch

The Crown claimed that ‘Big Red’ is an ‘offence-related property’ relating to Chris Barber’s involvement in the 2022 protests against Canada’s COVID mandates.

The Canadian government is still going after Freedom Convoy leader Chris Barber, this time hoping to seize his very livelihood.

The Justice Centre for Constitutional Freedoms (JCCF) has reported that it represented Barber during a November 26 hearing about the Crown’s attempt to take “Big Red,” Barber’s semi-truck. The Crown claimed that the vehicle is an “offence-related property” relating to Barber’s involvement in the 2022 protests against Canada’s COVID mandates.

Barber’s truck, a 2004 Kenworth long-haul, which he uses for business, was a focal point in the 2022 protests. He drove it to Ottawa, where it was parked for an extended period of time, but he complied when officials asked him to move it. 

Barber’s lawyer, Diane Magas, said the Crown’s attempt to take away Barber’s livelihood is “not” in the spirit of laws in place regarding forfeiture.

“The impact of the forfeiture of ‘Big Red’, which is an essential part of the operation of Mr. Barber’s trucking business and is relied upon by Mr. Barber, his family, as well as employees, is not what Parliament had in mind when enacting those forfeiture provisions,” she said as per a JCCF press release.

“Especially considering the context of a political protest where the police told Mr. Barber where to park the truck and when Mr. Barber moved the truck after being asked to move it.”

The Freedom Convoy leader has talked about his truck, saying that, “Big Red is how I put food on the table.”

“I followed every instruction police gave me during the protest, and I never imagined the government would try to take the very truck I rely on to earn a living,” Barber continued.

A ruling regarding the Crown’s wish to seize Barber’s truck is expected to appear on December 19; however, the court case could drag into the new year.

On October 7, 2025, after a long trial, Ontario Court Justice Heather Perkins-McVey sentenced Tamara Lich and Barber to 18 months’ house arrest. They had been declared guilty of mischief for their roles as leaders of the 2022 protest against COVID mandates, and as social media influencers.  

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.

Government lawyers for the Crown have filed an appeal of the acquittals of Lich and Barber on intimidation charges.

Lich and Barber were declared guilty of mischief for their roles as leaders of the protest against COVID mandates in April 2022, and as social media influencers. The conviction came after a nearly two-year trial despite the non-violent nature of the popular movement.

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COVID-19

Crown seeks to punish peaceful protestor Chris Barber by confiscating his family work truck “Big Red”

Published on November 25, 2025

By

Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that the Ontario Court of Justice will hold a hearing at 10:00 a.m. ET on Wednesday, November 26 at 161 Elgin Street, Ottawa, regarding the Crown’s attempt to permanently seize “Big Red,” the 2004 Kenworth long-haul truck relied upon by peaceful Freedom Convoy protestor Chris Barber and his family trucking business.

Constitutional lawyer Diane Magas, who represents Mr. Barber, is opposing the forfeiture.

“The impact of the forfeiture of ‘Big Red’, which is an essential part of the operation of Mr. Barber’s trucking business and is relied upon by Mr. Barber, his family as well as employees, is not what Parliament had in mind when enacting those forfeiture provisions, especially considering the context of a political protest where the police told Mr. Barber where to park the truck and when Mr. Barber moved the truck after being asked to move it,” she said.

Mr. Barber, a Saskatchewan trucker and central figure in the peaceful 2022 Freedom Convoy, depends on this vehicle for his livelihood. The Crown alleges that his truck constitutes “offence-related property.”

The November 26 hearing will address the Crown’s application to seize the truck and will include evidence regarding ownership and corporate title. The Court will also consider an application filed earlier this year by Mr. Barber’s family, who are asserting their rights as interested third parties and seeking to prevent the loss of the vehicle.

Mr. Barber was found guilty of mischief and counselling others to breach a court order following the peaceful Freedom Convoy protest, despite his consistent cooperation with law enforcement and reliance on legal advice during the events of early 2022. At sentencing, the Court acknowledged that he “came with the noblest of intent and did not advocate for violence,” emphasizing that Mr. Barber encouraged calm and compliance.

Mr. Barber said, “‘Big Red’ is how I put food on the table. I followed every instruction police gave me during the protest, and I never imagined the government would try to take the very truck I rely on to earn a living.”

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