Not Reserving Judgment
Episode 22: Why did the court smack down Trudeau's use of the Emergencies Act?
Jan 24, 2024
The hosts discuss a landmark decision by the Federal Court of Canada that found Trudeau illegally invoked the Emergencies Act. They analyze the arguments made by the Attorney General and highlight Justice Mosley's rejection of deference to the executive. They talk about winning a landmark case and the court's surprising decision. They discuss Trudeau's use of the Emergencies Act and the freezing of bank accounts. They analyze the federal judge's decision on the act and its nationwide applicability.
48:52
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Quick takeaways
- Extreme deference should be within the constraints of the law and its objectives
- The regulations made under the illegal invocation of the Emergencies Act were found to be unconstitutional, violating Charter rights
Deep dives
Deference owed to Cabinet's decision under the Emergencies Act
In the podcast episode, the Federal Court of Canada's decision on the Trudeau government's invocation of the Emergencies Act is discussed. Justice Mosley rejected the Attorney General's assertion that extreme deference should be given to Cabinet's decision to invoke the act. He emphasized that deference must be within the constraints of the law and its objectives. The Emergencies Act was designed to provide guardrails to the executive and prevent unconstrained executive power. This finding sets an important precedent for future applications of the Emergencies Act.
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