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Judge agrees to expedite legal challenge to Trudeau's decision to suspend Parliament
Prime Minister Justin Trudeau answers a question from the opposition during question period on Wednesday, December 11, 2024, in Ottawa. A court has agreed to expedite its hearing on a legal challenge to Prime Minister Justin Trudeau's decision to suspend Parliament.
OTTAWA - A court has agreed to expedite its hearing on a legal challenge to Prime Minister Justin Trudeau's decision to suspend Parliament.
In a ruling issued Saturday night, federal judge Paul Crampton said the court's usual rules on time limits do not apply, paving the way for a Feb. 13-14 hearing in Ottawa.
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In their petition filed on January 8, Nova Scotians David MacKinnon and Aris Lavranos are seeking an order overturning Trudeau's decision to advise Governor General Mary Simon to exercise her power to suspend Parliament until March 24.
MacKinnon and Lavranos also sought a declaration that this session of Parliament has not been adjourned. On January 6, an emotional Trudeau announced his intention to resign as prime minister once a new Liberal leader is elected.
He also said Simon had agreed to his request to suspend Parliament, which effectively ends the legislative roll and suspends the sittings of the House of Commons and Senate.
MacKinnon and Lavranos asked the court to expedite the hearing of their application for judicial review, citing the urgency of U.S. President-elect Donald Trump's threat to impose high tariffs on goods from Canada.
They argued that Trudeau's decision deprived Parliament, without reasonable justification, of the ability to perform its constitutional functions as a legislature. In particular, the petition says, the prorogation prevents Parliament from dealing "expeditiously and decisively" with particularly pressing issues, including the effects of Trump's tariff threats.
They suggest that the real purpose of the prorogation was to thwart the opposition parties' efforts to file a motion of no confidence in the Liberal government.
"An eleven-week shutdown of the legislative branch of our federal government by the executive branch, without lawful authority, poses a serious threat to democracy, our parliamentary system, and the rule of law itself," MacKinnon and Lavranos ask for an expedited hearing.
"It would be intolerable for such a situation to continue any longer than is absolutely necessary. Therefore, an urgent hearing on this matter is necessary to resolve the issues raised in this case, one way or another."
The federal lawyers said that the request for an "extraordinarily limited period" to consider important constitutional issues should be denied. "The alleged need for an urgent solution is wrong and unjustified," the lawyers said in a request to the court.
"The government will continue to function, including the development of foreign relations and the economic and trade policy of the executive, during the short period of the proposal of Parliament."
The federal motion adds that established case law highlights the dangers of speeding up the adjudication of constitutional cases.
"These cases involve complex issues that require careful analysis, and courts should insist that they be properly prepared and presented."
In his ruling, Crampton said that factors in favor of expediting the hearing include the urgency of the case, the fact that key relief sought would become moot if the court's usual deadlines were not shortened, and the public interest in the prompt determination of serious issues. .
Crampton said that these factors together outweigh any prejudice that the federal government and the intervenors might suffer and the fact that the court would not benefit from "additional or improved submissions" that the parties could have made if more time had been given.
In addition, no other currently scheduled hearings will be postponed as a result of the expedited processing of the current case, he said.
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