I think the legal basis for the bank seizures was the fact that they invoked this law, and if the invocation was unreasonable - all actions taken under it were unreasonable by extension.
Remedies are unclear, this is breaking news (though I wouldn't expect much).
I think the legal basis for the bank seizures was the fact that they invoked this law
Ahh, and here I was thinking rights just don’t exist there. That makes more sense. This is atleast a first step. But didn’t they already have a thing where they “found it justified” to invoke the act? I remember following that a bit. Hopefully a court ruling overrules whatever lame ass proceeding they had where they found themselves justified.
As best as I remember, the law requires an 'inquiry' whenever it is invoked. So Trudeau appointed a loyalist, who basically admitted that without officially making that finding - letting the government off the hook.
This is an actual court case against the government for violating the law.
You're right though, rights don't exist in Canada or Europe. That is why I think this will not lead anywhere beyond recognition that these people were wronged, no remedies, no reparations, no punishment for the guilty. Still good!
The case was brought by a far-left organization (good for them) as well as another one that I am not familiar with:
The case was brought forward by the Canadian Civil Liberties Association and the Canadian Constitution Foundation and individuals who argued Ottawa did not meet the legal threshold when it invoked the legislation, which had never been used before.
The judgment:
In order to declare a public order emergency, the Emergencies Act requires that there be an emergency that arises from threats to the security of Canada that are so serious as to be a national emergency. The Act defers to CSIS's definition of threats to the security of Canada.
Federal Court Justice Richard Mosley said the situation created by the protests did not meet that threshold.
I have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration, he said in his decision.
The article says that there is more to come.
I'm actually amazed, not that I expect anything from Western states, but that there is at least some recognition of the injustice that was done to these people.
The main lawyer - Christina Van Guyen? - used to post updates after each day in court on YT all the time.
I'd believe that the CCLA is pretty leftist, because IIRC, they didn't comment publicly on any COVID overreach or the trucker protest until Trudeau declared martial law, which was two weeks into the protest.
The CCF seems normie but more centrist. More in the Justice Center for Constitutionial Freedoms and The Democracy Fund (which lean more right) tier.
The good thing about diversity hires is that their legal reasoning will be even more transparently faulty. The reason leftists in the US hated Scalia so much was because they could rarely argue with him on the legal merits.
You overestimate the intelligence of much of Canada. The vast majority of us still think healthcare is free, and that more carbon taxes in Canada will save the planet. If Greta were Koolaid, she'd be squeezed dry here.
Let's see what will be the penalties and compensations for violation of rights and property for illegitimate use of Emergency Act.
The Normies will be confused, because the media told them this was a Nazi insurection who were going to get us all killed by spreading a cold virus. Which, for some reason, dosen't terrorize them anymore now.
Surely such an unlawful action should be met with the harshest punishment possible.
hangings on live tv
The Canadian government won't let that judge get away with this.
Interesting, does this apply to the bank account freezes too? What’s the scope of actions they’re looking at?
I think the legal basis for the bank seizures was the fact that they invoked this law, and if the invocation was unreasonable - all actions taken under it were unreasonable by extension.
Remedies are unclear, this is breaking news (though I wouldn't expect much).
Ahh, and here I was thinking rights just don’t exist there. That makes more sense. This is atleast a first step. But didn’t they already have a thing where they “found it justified” to invoke the act? I remember following that a bit. Hopefully a court ruling overrules whatever lame ass proceeding they had where they found themselves justified.
As best as I remember, the law requires an 'inquiry' whenever it is invoked. So Trudeau appointed a loyalist, who basically admitted that without officially making that finding - letting the government off the hook.
This is an actual court case against the government for violating the law.
You're right though, rights don't exist in Canada or Europe. That is why I think this will not lead anywhere beyond recognition that these people were wronged, no remedies, no reparations, no punishment for the guilty. Still good!
The case was brought by a far-left organization (good for them) as well as another one that I am not familiar with:
The judgment:
The article says that there is more to come.
I'm actually amazed, not that I expect anything from Western states, but that there is at least some recognition of the injustice that was done to these people.
The CCF AFAICT is a one-woman org.
The main lawyer - Christina Van Guyen? - used to post updates after each day in court on YT all the time.
I'd believe that the CCLA is pretty leftist, because IIRC, they didn't comment publicly on any COVID overreach or the trucker protest until Trudeau declared martial law, which was two weeks into the protest.
The CCF seems normie but more centrist. More in the Justice Center for Constitutionial Freedoms and The Democracy Fund (which lean more right) tier.
The libs are planning to appeal.
This ain't over till cuba takes the turd back.
Yeah, the head of the Supreme Court has already publicly denigrated the truckers.
Trudeau's latest appointee is a pure diversity hire.
The chance of getting a fair appeal is grim.
The good thing about diversity hires is that their legal reasoning will be even more transparently faulty. The reason leftists in the US hated Scalia so much was because they could rarely argue with him on the legal merits.
You overestimate the intelligence of much of Canada. The vast majority of us still think healthcare is free, and that more carbon taxes in Canada will save the planet. If Greta were Koolaid, she'd be squeezed dry here.
Oh, I'm European, I'm on intimate terms with idiocy. Our 'right-wing' politicians make PP look like Genghis Khan.
"But here's why the judge is wrong and also a far-right bigot"
Let's see what will be the penalties and compensations for violation of rights and property for illegitimate use of Emergency Act.
The Normies will be confused, because the media told them this was a Nazi insurection who were going to get us all killed by spreading a cold virus. Which, for some reason, dosen't terrorize them anymore now.