Judge agrees to expedite legal challenge to Trudeau's decision to suspend parli

Not a valid attachment ID.
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.
Advertisement
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.

[attachment deleted by admin]