Former Justice Minister Defends Invocation of Emergencies Act as He Leaves Politics

Minister of Justice and Attorney General of Canada David Lametti rises during Question Period in the House of Commons on Parliament Hill in Ottawa on May 16, 2022. Patrick Doyle/The Canadian Press

Invoking the Emergencies Act during 2022’s Freedom Convoy protest was the right thing to do, former Justice Minister David Lametti said, commenting on the recent court decision against the government’s action while announcing his departure from Canadian politics.

“I disagree with the decision. I disagree with [Justice Richard Mosley’s] analysis, and I disagree with his framing of the issue and his treatment of the facts,” Mr. Lametti said on CBC Radio Jan. 25, referring to the Jan. 23 Federal Court decision that deemed the Emergencies Act invocation unjustified.

“I’m pretty confident this decision will be overturned on appeal.”

The federal judge determined that the implementation of the Emergencies Act in response to the Freedom Convoy protest in Ottawa was “unreasonable.” The judge also found that the regulations associated with the act violated the Charter rights of Canadians.

“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,” Justice Richard Mosley said in his decision.

Mr. Lametti declared on Jan. 25 his departure from politics effective Jan. 31, marking the end of his eight-year tenure as a member of Parliament, during which he spent over half of the time serving as the minister of justice and attorney general.

He said he supports the government’s decision to invoke the Emergencies Act, saying the cabinet tried to strike a balance between upholding the rights of Canadians and addressing the prolonged protests that were central to Canadian political discourse during the COVID-19 pandemic in 2022.

“I believe that we had minimal impairment of rights for a short period of time,” he said to the CBC.

“And what about the rights of citizens of Windsor and Ottawa and auto workers and people in other parts of the country, in Coutts [Alta.], whose rights were being trampled on by these illegal occupations?” he asked.

Conservative Leader Pierre Poilievre responded to the court decision on X (formerly Twitter), criticizing Prime Minister Justin Trudeau’s use of the act.

“[Trudeau] caused the crisis by dividing people,” Mr. Poilievre wrote Jan. 23.

“Then he violated Charter rights to illegally suppress citizens. As PM, I will unite our country for freedom.”

After learning of Mr. Lametti’s resignation, Mr. Poilievre denounced his record.

“[Mr. Lametti] leaves behind him a record of Charter violations, censoring free speech, illegal use of the Emergencies Act & crime policies that have unleashed waves of violence,” wrote Mr. Poilievre on X Jan. 25.

In court, two civil liberties groups contended that the Liberal government failed to satisfy the necessary legal criteria to enact the legislation in response to the protest. They supported legal actions initiated by five individuals who were involved in the protest, including two whose bank accounts were frozen due to the implementation of the Emergencies Act.

In his resignation letter released Jan. 25, Mr. Lametti reflected on his achievements across various roles, highlighting his tenure as the minister of justice and attorney general as his most notable period. He pointed out the successful passage of 13 bills under his leadership, including significant legislative changes such as the elimination of certain mandatory minimum sentences and the prohibition of conversion therapy aimed at changing sexual or gender identity.

Mr. Lametti is set to join Fasken, one of Canada’s largest law firms, in its Montreal office, where he will specialize in indigenous and technology law. It was reported by Radio-Canada on Jan. 25 that Mr. Lametti declined an offer to become the ambassador to Spain.