Was Trudeau's invocation of the Emergency Act legal? [closed]

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The Politicus
Feb 15, 2022 09:51 PM 0 Answers
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On Monday, February 14, 2022, Justin Trudeau invoked the never-before-used Emergencies Act in response to the ongoing Freedom Convoy Protests across the country, including the series of border blockades that were observed.

The law, as written, defines a National Emergency as follows:

For the purposes of this Act, a national emergency is an urgent and
critical situation of a temporary nature that

(a) seriously endangers the lives, health or safety of Canadians and is of such proportions
or nature as to exceed the capacity or authority of a province to deal with it, or

(b) seriously threatens the ability of the Government of Canada to preserve the sovereignty,
security and territorial integrity of Canada

and that cannot be effectively dealt with under any other law of
Canada.

I recognize that whether or not points (a) and (b) apply to this protest is highly opinion based, so instead, I'm particularly focusing in on the last phrase:

and that cannot be effectively dealt with under any other law of Canada.

This invocation came the day after the primary blockade on the Ambassador bridge was cleared by the police, after an injunction from the Ontario Supreme Court barred the blockades.

Furthermore, Albertan blockaders had agreed to peacefully retreat from the ongoing protest at the Coutts border crossing, and the Highway 15 crossing in Surrey was cleared by police.

Given the effectiveness of the recent police and court actions of clearing blockades, how could the current situation still meet the criteria of an Emergency, and permit the use of the Emergency Act?

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  • February 15, 2022