Applicant
Respondent
- Parties: The applicant was the Canadian Constitution Foundation. The respondent was the Attorney General of Canada.
- Subject Matter: Four judicial review applications under ss. 18 and 18.1 of the Federal Courts Act, 1985 challenged the Governor in Council’s decision to declare a public order emergency and to approve additional measures to end disruptive protests in Ottawa and other locations in Canada. The applications also sought review of Order in Council P.C. 2022-107, the Emergency Measures Regulations, SOR/2022-2, as well as Order in Council P.C. 2022-108, the Emergency Economic Measures Order, SOR/2022-22, made on Feb. 15, 2022 under s. 19(1) of the Emergencies Act, 1985.
- Ruling: The court determined that the applicants established that the legal constraints on the Governor in Council’s discretion to declare a public order emergency were not satisfied. The court granted public interest standing to the Canadian Constitution Foundation. The court held that the remaining applicants established that the decision to issue the Proclamation Declaring a Public Order Emergency, SOR/2022-20 was unreasonable and led to infringement of Charter rights unjustified under s. 1. The court granted their applications to that extent.
- Date: The hearing was set on Apr. 3, 2023. The court released its decision on Jan. 29, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: No financial award was specified.
Court
Federal CourtCase Number
T-347-22Practice Area
Constitutional lawAmount
$ 0Winner
ApplicantTrial Start Date
23 February 2022