Emergency Measures Act: Ottawa will appeal

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Ottawa had invoked the Emergency Measures Act to end the occupation of downtown Ottawa by truckers, which lasted almost a month in early 2022. (File photo)

Radio-Canada

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The Attorney General of Canada will appeal the decision the Federal Court found that the use of the Emergency Measures Act to end the occupation of downtown Ottawa in 2022 was unreasonable and unconstitutional.

Ottawa considers, among other things, that the Federal Court formulated its own opinion regarding the invocation of the Act rather than considering the reasonableness of its use given the seriousness of the situation in the national capital at this time, which it believed required temporary special measures.

Furthermore, the federal government considers that the Court made its decision retrospectively, based on information that was not accessible at the time he invoked the Law.

Last January, Judge Richard Mosley, of the Federal Court, declared in a 200-page verdict that the situation created by the demonstrations # x27;did not meet the emergency threshold required to use the Emergency Measures Act.

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He concluded that the decision [to proclaim a state of emergency] did not bear the characteristics of reasonableness – justification, transparency and understandability – and that it was not justified in relation to the relevant factual and legal constraints which had to be taken into account.

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The federal government considers that the several-week siege of Ottawa justified the use of the Emergency Measures Act. (Archive photo)

L'Canadian Civil Liberties Association (CCLA) had also argued before courts, in April 2023, that the federal government had acted unreasonably and unjustifiably in invoking the Emergency Measures Act.

The CCLA lawyers then asserted that the demonstration had in no way represented a threat to national security, as the government maintained within the meaning of the definition retained in the Canadian Security Intelligence Service Act.

Failing to obtain a quashing of the judgment, the Attorney General wants the Federal Court of Appeal to send the dispute back to the lower court for a new judgment with such directions as the Court deems appropriate.