Trudeau’s Use of Emergency Powers To Shut Down Truckers’ ‘Freedom Convoy’ Was Unconstitutional, Judge Finds

Nearly two years after Canada’s Prime Minister made an unprecedented decision to invoke a counter-terrorism law to shut down the anti-vaccine mandate “Freedom Convoy,” a judge has ruled it was unconstitutional and unreasonable.

“I find that the reasons provided for the decision to declare a public order emergency do not satisfy the requirements of the Emergencies Act and that certain of the temporary measures adopted to deal with the protests infringed provisions of the Canadian Charter of Rights and Freedoms,” a Federal Court Justice, Richard Mosley, wrote, referring to Prime Minister Trudeau’s first-ever using of the “Emergencies Act” to arrest protesters and tow vehicles. 

The Canadian convoy, which dominated headlines in early 2022, was formed in response to vaccine mandates for truck drivers who crossed the United States border but grew into a much larger protest against vaccine requirements and passports and other forms of Covid restrictions.

The event inspired a U.S. version of the convoy, as the Sun reported, with protesters demanding the government “give us our personal freedoms back” amid mandates that had persisted for nearly two years. 

The convoy departed from British Columbia on January 22, 2022, and arrived at Ottawa six days later for a planned demonstration with hundreds of cars, trucks, and trailer units. The group remained at Ottawa, blocking traffic and making loud noises, the ruling notes. 

On February 14, Mr. Trudeau invoked the Emergencies Act for the first time since its passing in 1988, and police quickly began clearing and arresting protesters and towing vehicles. He also took the unprecedented step of freezing the bank accounts of some of the protesters.

“It is no longer a lawful protest at a disagreement over government policy,” Mr. Trudeau said when he invoked the Emergencies Act. “It is now an illegal occupation. It’s time for people to go home.”