"Presiding over the case, Federal Court Justice Richard Mosley found that whereas these Freedom Convoy protests generated harm, they did not elevate to a threat against national security as per the legal definition.
Proclaiming the Emergencies Act in such a scenario, according to Mosley, lacked the attributes of sound decision-making, including justification, transparency, and intelligibility. Tracing the legal and factual constraints that must inform such a resolve illuminated this lack for Mosley.
“I have concluded that the decision to issue the Proclamation [of the Emergencies Act’ does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified,” Mosley wrote.
Civil liberty groups, including the Canadian Civil Liberties Association (CCLA) and the Canadian Constitutional Foundation (CCF), had challenged this historic precedent. They contended that the Liberal government stretched its power too far while dealing with the Freedom Convoy blockades in Ontario and Alberta in February 2022. The court’s verdict aligned with their argument."
