More calls for changes after Emergencies Act ruling on convoys

A lawyer representing Ottawa residents and businesses in a class-action lawsuit against organizers of that city's 2022 convoy protest says he isn't surprised by a federal court decision that use of the Emergencies Act to help end it was unreasonable in fact, he agrees with it.

"Invoking the Emergencies Act is something that should be done very rarely, if ever," Paul Champ told CBCfollowingthe decision.

The legislation was invoked by the Liberal governmenton Feb. 14, 2022, weeks after thousands of protesters angry with the government and itsresponse to the pandemicparked themselves in the capital, gridlockingOttawa's downtowncore with large trucks, honking horns most of the day and disrupting the lives of the tens of thousands of people living and working there.

Other protests targetedU.S. border crossings.

The act gave law enforcement extraordinary powers to remove and arrest protesters and granted the government the power to freezefinances of those connected to the protests.

The temporary emergency powers also allowed authoritiesto commandeer tow trucksto remove protestvehicles from the streets.

According to the act, a public order emergency can be declared only in response to "an emergency that arises from threats to the security of Canada that are so serious as to be a national emergency."

Justice Richard Mosely wrote thisuse of the actdid not meet that threshold.

Champ said his reading of the decision is one that doesn't vindicate protesters.

"The Freedom Convoy trucks occupying the streets of downtown Ottawa, the way they made the lives of Ottawa residents and businesses and workers miserable the court clearly conveys that," he added.

"But what the judge also says is that the federal government didn't necessarily need this tool to bring those unlawful protests to an end."

His civil arguments seeking $300 million centre on allegations of nuisanceand are playing out alongside variouscriminal casesalleging organizers committed mischief and obstructed police.

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The lawyer also saidthe actshould not have been applied across the country.

"My view is that in Ottawa, the provincial government, the (Ontario Provincial Police)and the Ottawa police probably could have done the job if they'd turned their minds to it," he said.

He pointed toprovinces such asAlberta and Manitoba who successfully handled protests.

Ottawapolice andthe OPP declined to comment Tuesday. Ottawa Mayor Mark Sutcliffe, who hadn't yet been elected when the protests were happening, also declined.

Former councillor says federal interventionneeded

Former downtown Ottawa city councillor Matthieu Fleuryadmits that "uncharted territory led to maybe decisions that would have been done differently," but maintains that at the time, federal intervention seemed necessary.

"Obviously if we as a city weren't able to prevent it, if police authorities weren't able to control it, then senior levels of government needed to find ways to intervene," he said.

Fleury added that better tools are needed to prevent rights from being breached whileensuring residents' safety in a situation like that.

University of Ottawa criminology professor Michael Kempasaidthe act could use an update.

According to Kempa, provinces and cities need to be "very clear on what the rules of protest actually are, so that we enforce these rules and permit legal protest without permitting things to spiral out of control."

Canadian Security Intelligence ServiceDirector David Vigneault testified at the inquiry into the act's use that he supported invoking it, even if he didn't believe the self-styled Freedom Convoy met his agency's definition of a threat to national security.

In his final inquiry report,Commissioner PaulRouleau argued that the definition of "threats to the security of Canada" in the CSIS Act should be removed from the Emergencies Act.

Decision a 'win' for convoy protesters, supporters

Melissa McKee, co-pastor of Capital City Bikers Church in Vanier,said the decision is "good news."

The convoy participant and supporter of protests that have followed saidshe "won't be satisfied until all charges are dropped"against protesters such as Pat King and organizerTamara Lich.

Bethan Nodwell, who was part of the convoy's organizing efforts, called the decision a "win" and saidshe'd like to seegovernment officials responsible for invoking the Emergencies Actheld accountable.

"What will be the consequence and the outcome from this decision?" she wondered.

"Will there be consequence for freezing bank accounts of Canadian citizens who were doing nothing wrong?"

According to Champ, that's not likely.

"I don't think there's going to be a lot of scope for the convoy protesters totry to get some kind of legal remedy beyondsimply what they got here, which was a declaration by the court that it was unreasonable to use this particular power in this particular statute," he said.

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Kempa says protestersmay have some legal recourse.

"There may be some financial accountability on the part of the government," he said.

"This does open them up a little bit more to people suing the government seeking damages for things like having their accounts frozen."

Deputy Prime Minister Chrystia Freeland told reporters at a cabinet retreat in Montreal on Tuesday that the government plans to appeal the decision, setting up a legal battle that could go all the way to the Supreme Court of Canada.