Court Ruling: Federal Government acted illegally in responding to 2022 Freedom Convoy
OTTAWA, ON: The Justice Centre is pleased to announce that the legal and constitutional challenge against the first-ever invocation of the Emergencies Act, filed as Jost et al. v. Canada, has been decided in favour of the citizens who participated in the peaceful 2022 Freedom Convoy in Ottawa. The Justice Centre provided lawyers for these Canadians, who launched a court action within ten days of the Emergencies Act being invoked, and who sought a court declaration that the Emergencies Act was invoked without legal justification.
The constitutional challenge to the invocation of the Emergencies Act was filed on behalf of four Canadians who had participated in the peaceful Freedom Convoy protest in Ottawa in January and February 2022. They are Jeremiah Jost, a 28-year-old contractor and volunteer firefighter from Alberta; Edward Cornell, a 64-year-old retired military veteran from New Brunswick; Rev. Harold Ristau from Ontario, a former Canadian Armed Forces chaplain and retired officer with Canadian Special Operations Forces Command; and Vincent Gircys, a retired, decorated member of the Ontario Provincial Police.
The Emergencies Act was invoked on February 14, 2022, by the Federal Cabinet to shut down the Freedom Convoy protest. Each of the plaintiffs suffered significant harm during the militaristic police crackdown that began on February 18, 2022. Two of the applicants represented by the Justice Centre had their bank accounts frozen and seized, without judicial authorization or a review process, under laws that normally apply only to terrorists and enemy nations.
Edward Cornell said his experience having his bank accounts seized was traumatic. “I broke no law, yet the government seized my accounts and froze my hard-earned money. I am not a criminal. I am not a terrorist. I am a retired Canadian military veteran who honourably served his country… I feel betrayed by my own government,” he added.
The Justice Centre provided lawyers for the peaceful protest in 2022, and since that time has provided lawyers to defend Chris Barber, Tamara Lich and other Canadians facing unjust criminal charges.
Justice Centre President John Carpay stated, “This is a great victory for democracy, for Charter rights and freedoms, and for the rule of law.”
POSTED ON: JANUARY 23, 2024
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Scroll below the videos for Trudeau’s Justice Minister David Lametti Resigns Following Emergencies Act Court Ruling.
Court Ruling: Emergencies Act
Trudeau’s Justice Minister David Lametti Resigns Following Emergencies Act Court Ruling
Former Liberal Justice Minister jumps ship after federal court judge rules his party violated the Canadian Charter of Rights and Freedoms. During the Emergencies Act inquiry, text messages revealed Lametti discussing the use of military tanks to quell the Freedom Convoy protest.
David Lametti, the former Justice Minister and Attorney General of Canada, is resigning from his position, effective February 1st.
His term as Attorney General was notably marked by the Freedom Convoy protests in February 2022 and the subsequent response from the Trudeau Government.
Lametti’s resignation comes two days after a federal court judge ruled the Liberals violated the Canadian Charter of Rights and Freedoms by invoking the Emergencies Act against protesters in Ottawa during the Freedom Convoy.
Lametti released a resignation letter in which he said he’s leaving his role to join a law firm of Fasken Martineau DuMoulin. Lametti said he’s “proud of the role” he played during the Freedom Convoy protest, but made no mention of the federal court’s ruling.
Lametti’s political journey saw him serving as parliamentary secretary to the ministers of international trade and innovation, science and economic development, before ascending to the role of Minister of Justice and Attorney General in 2019.
His exit is not an isolated event. It follows the departure of Liberal MP Carolyn Bennett, who quit on the spot in December.
It also comes one day after Liberal MP Ken McDonald openly challenged Prime Minister Justin Trudeau’s leadership and called for a party-wide vote to reassess their confidence in him. However on Thursday, McDonald walked back his statements.
Lametti joked about using tanks to clear protesters
During the Public Order Emergency Commission (POEC) inquiry, text messages revealed Lametti discussing the use of military tanks to quell the Freedom Convoy protest.
He later described his comments as “banter” during his testimony.
Federal court rules Trudeau violated Charter rights with Emergencies Act against Truckers
The Federal Court’s landmark ruling from Tuesday was a historical rebuke of the government’s handling of the Freedom Convoy protesters. The court found that the use of the Emergencies Act, a measure reserved for situations of severe national crisis, was disproportionate and infringed upon freedom of thought, opinion, and expression rights of the protesters, as per the Charter of Rights and Freedoms.
The Applicants, consisting of the Canadian Constitution Foundation, the Canadian Civil Liberties Association, and four individuals who attended the 2022 Freedom Convoy protest in Ottawa, argued there was insufficient evidence that the lives, health or safety of Canadians were seriously endangered beyond the capacity that provincial authorities had.
The respondents in the ruling consisted of the Governor in Council Mary Simon and then-Public Safety Minister Marco Mendicino, who were represented by the Attorney General of Canada, Arif Virani.
Virani was made Attorney General of Canada after Trudeau booted Lametti from the role in August 2023.
Lametti deletes social media
Social media users became suspicious earlier this week when it became clear Lametti had deleted his X account. While some linked it to the federal court’s ruling, others suggested he deleted it late last year.
Trudeau’s AG during unconstitutional emergency act crackdown on freedom protesters RESIGNS from parliament
Lametti played a key role in the decision to invoke the Emergencies Act against the trucker protest, pushing to do so early in the confrontation.
Former Justice Minister and Attorney General of Canada David Lametti announced his resignation as a Liberal Member of Parliament Thursday.
The Montreal MP resigned just three days after Federal Court Justice Richard Mosley ruled Tuesday that Prime Minister Justin Trudeau was unjustified in invoking the Emergencies Act against the Freedom Convoy protest and that it was “unreasonable” to do so.
Prime Minister Justin Trudeau moved Lametti to the back bench in a summer cabinet shuffle that saw the high-profile minister replaced by current Justice Minister Arif Virani.
Lametti played a key role in the decision to invoke the Emergencies Act against the trucker protest, pushing to do so early in the confrontation.
Lemetti backed Finance Minister Chrystia Freeland’s decision to freeze the bank accounts of protesters and even supporters who donated money to the cause. He even compared the Freedom Convoy to a terrorist organization and said it was his job to stop Canadians from advocating “pro-Trump” politics.
At the height of the Freedom Convoy protest, Lametti was texting then-Public Safety Minister Marco Mendincino about how many Canadian Army tanks it would require to suppress the demonstrators.
In an interview airing Saturday on CBC, Lametti continued to defend using the Emergencies Act and said he rejected the federal court ruling.
“I disagree with the decision. I disagree with [Justice Richard Mosley’s] analysis and I disagree with his framing of the issue and his treatment of the facts,” Lametti told host Catherine Cullen.
“I’m pretty confident this decision will be overturned on appeal.”
Lametti’s resignation will take effect at the end of January. He made the announcement at a Liberal caucus retreat in Ottawa.
In a statement posted on X, Lametti said he is leaving politics with “mixed emotions” but that it was time for a change.
“It is with some sadness that I am leaving a dream job. Since the changes made to cabinet in the summer of 2023, I have continued to do my best to fulfill my duties as a member of Parliament,” he said.
“This period has been challenging personally, as one might imagine, and I sincerely believe that after eight intense years, constituents of LaSalle-Emard-Verdun—and I am one of them—would benefit from a change of voice and style.”
Trial Coverage: Rebel News challenges David Lametti over potential Emergencies Act coverup
Ezra Levant provides updates from court as Rebel News’ challenge into former justice minister David Lametti’s possible deleting of records relating to the Emergencies Act invocation continues.
- By Rebel News
- February 02, 2024
- News Analysis
Rebel News launched a lawsuit against David Lametti, the former justice minister in Prime Minister Justin Trudeau’s government who was responsible for invoking the Emergencies Act in response to the Freedom Convoy protest.
That protest, which occurred in early 2022, was opposed to Canada’s vaccine mandates and public health restrictions. A Federal Court justice recently found the Trudeau Liberals violated Canadians’ rights by invoking the country’s strongest national security law against the protest.
Following that decision, Lametti, who Trudeau removed from cabinet in a July 2023 reshuffle, resigned from his position as a member of Parliament and promptly deleted his social media account on X, formerly Twitter.
But Rebel News is suing the former justice minister over a potential coverup of communications made during his crucial tenure in as justice minister. You can read our full lawsuit at StopTheCoverup.com.
Today, the case is back before a judge, as Rebel News boss Ezra Levant provides live updates as the hearing unfolds. Follow along below:
My two lawyers are Chad Williamson and Scott Nicol. I see FOUR lawyers for Lametti, all at taxpayers expense.
The judge is Justice Simon Fothergill of the Federal Court of Canada.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
The court is coming to order. We’re about to begin.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
The clerk says there are four observers — I wonder if any mainstream media are covering this? So far they’ve been pretty silent — they don’t think anything’s wrong with a former cabinet minister destroying documents as he leaves Parliament in disgrace.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Mitchell correctly says that there is one big disagreement between us: Rebel News demands that the court order Lametti not to delete his Twitter account. Mitchell says only a “promise” (an undertaking) is necessary.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
The judge says an order “reflecting the undertaking” could be issued by the court.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott says there’s no reason why we shouldn’t have a court order, as opposed to just Lametti’s pinky swear undertaking. Scott says “we would question why”.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott says if Lametti’s worried about consequences if he breaks an order, “then don’t break the order”.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: we actually don’t have any evidence that the account is up in full, other than some screenshots. Scott says he thinks it’s odd that Laments is so focused on avoiding a court order at all costs.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Lametti’s lawyers have given some case law to Scott, who says he is ready to speak to them. But the judge says that’s not necessary now, as this is just a planning hearing, not a substantive hearing.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
The judge says it appears that Lametti has complied with reinstating the Twitter account.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: hopefully Lametti won’t destroy other documents, but we’ll focus only on Twitter.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Why is Lametti so obsessed about not being ordered to stop destroying documents? Is it because he’s already done that?— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: Lametti wouldn’t have control on those other things? Chad: right, the Justice Department would cover that.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Mitchell: no problem undertaking not to alter the account.
Lametti is working with the Library and Archives office to handle his old records. (That’s news.)
What is he telling them?— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
The lawyers are talking about scheduling the delivery of different pleadings.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Boyd says there’s existing law that regulates the handling of records. The judge repeats it.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: the issue with just receiving an undertaking is that there are significant social media teams that deal with those accounts — he refers to our litigation against Steven Guilbeault. Chad says a Lametti undertaking isn’t enough to stop others.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: An undertaking from Lametti doesn’t prevent others from changing those records. The DoJ represent “the Government”. They must also be bound.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: I’m worried — it sounds like Lametti is engaged with Library and Archives. These are live issues before this court — I don’t think it’s appropriate for Lametti to be interfering in any way with analysis/retention/preservation of this data.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: the cases provided by Mr. Mitchell were commercial cases, where infringements could be compensable with money. But this is a matter of irreparably harm — a loss of data that could never be found again. An order is required to bind Lametti and the government.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: there is evidence before this court that notwithstanding the legislative prohibition of documents, the reason we’re here is because Lametti did in fact try to destroy his account!— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: I have a tremendous issue with government official deleting data or hiding data to the press and the public. We have an official that is leaving his tenure and has deleted his Twitter account.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: we’re not hearing substantive matters right now.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: if Rebel News insists on some kind of “more robust” interim injunctive release then that needs to be set down for a hearing.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: can we proceed on consent with an “interim undertaking”? If not, then we need a hearing.
Chad: we’re worried an undertaking doesn’t bind third parties.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: this doesn’t make sense. Why are they so adamant?— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Mitchell: he’s the former justice minister, we should trust him because of that.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: a court order prevents the possibility of mischief.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: there is a big difference between an undertaking and a court order. A court order allows the court to save the day even if there are other malefactors out there.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: we should have a hearing on this on Monday or Tuesday.
Chad: there has been no evidence from Lametti on anything. They haven’t tried to come to the table at all. They’ve even said it’s not a government account.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: do the two sides want to try to hammer this out in private?
Chad: we want this to be heard on Monday or Tuesday please.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Mitchell: if it’s just on the short-term order, we can have a hearing as soon as Monday or Tuesday.
Judge: are you ready to roll on Tuesday?— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: let me confer with my client. (That’s me.)— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: we’re ready to go whenever the court is ready.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: we are concerned that we heard from Mr. Mitchell that David Lametti has gone “sub rosa” and is interacting directly with Library and Archives. If the court really wants to give them eleven more days, we’re worried.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: we will accept relevant days, but we would like the court to weigh in on that.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: the hearing will be heard on Tuesday, Feb. 13th probably by the Vancouver duty judge. I would suggest this for 10 a.m. Vancouver time, 11 a.m. MT, 1 p.m. ET.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Court is over.— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024