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News and Research => Career => Topic started by: bosman on 2024-12-28 00:05

Title: The Canadian Constitution Foundation (CCF) is preparing to return to court
Post by: bosman on 2024-12-28 00:05
The Canadian Constitution Foundation (CCF) is preparing to return to court again to  challenge the unjustified use of the Emergencies Act against  Canadians.

This follows a landmark  decision by Justice Richard Mosley on January 23 of this  year, in which he  "was supported by the Canadian Constitution Foundation and other public interest litigants  in concluding that the government's use of the  Trudeau Act  for emergency measures was  unlawful and unconstitutional. Justice Mosley  concluded that there was no national emergency  or threat to the security of Canada, which are legal requirements built into the Act to prevent  its abuse. He also  concluded that the orders freezing bank accounts violated the constitutional right to  protection from unreasonable searches and  seizures and that the restrictions on protests violated the right to freedom of  expression. The decision  was a blow to the  prime minister and  cabinet, who argued that the excessive use of the  emergency measures law had  deliberately stripped  protesters of their constitutional  rights. and  freedom of peaceful expression. The federal government refused to accept this  decision, announcing  a few minutes  after publication that  it would  appeal. The appeal date has not  yet been  set, but is expected to be early in the new  year.
Awaiting the  next appeal,  the CCF  presented documents  explaining the  reasoning behind the original decision,  which shows that definitions and procedures were ignored in  a fire to  obtain unlimited control  of Canadian citizens when  it was clear that there was no  it was not an emergency (a fact  confirmed by  CSIS). . The documents  then show the  purpose of the  Emergency Measures Act and how it was  designed to protect Canadians from the  mistakes and omissions of its  predecessor, the War Measures Act,  the last  used against  the Canadians in October 1970 in response to the crisis in  Quebec.
This case remains one of the most important precedents that can be set for the continued support of the rights and freedoms of all Canadians. We  support the CCF in  its efforts to  uphold our laws as they were intended  to be written, and will  closely monitor the appeal as it  develops. While we can  debate endlessly the merits of the Freedom  Caucus protests, as  things stand, in the eyes of the  law, they were peaceful events that  posed no significant threat to our country  and its citizens. In a world where our governments seek to  expand and inflate their powers beyond what is  right, we must continue to  defend our ability to speak out and be heard  to oppose this abuse of  power.
To read the  CCF press release, click  on the  link: theccf.ca/ccf-files-mate...

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