Group Involved in Ottawa Protest Asks Court to Halt Federal Use of Emergencies Act

A fence cordons off Parliament Hill after officers cleared a trucker protest that opposes the federal COVID-19 mandates and restrictions, in Ottawa on Feb. 21, 2022. Cole Burston/The Canadian Press

A group involved in the protest against COVID-19 mandates in Ottawa is asking a court to put the breaks on the government’s use of the Emergencies Act to clamp down on demonstrators.

In submissions to the Federal Court on Feb. 18, Canadian Frontline Nurses (CFN) and its member Kristen Nagle are seeking an injunction to stay the Liberal government’s use of the Act and associated measures while their full case plays out in court.

The group said they are opposed to unreasonable COVID-19-related mandates and restrictions that have been implemented by various levels of Canadian governments, and they want a court declaration that Ottawa strayed beyond its jurisdiction in declaring a state of emergency on Feb. 14, saying the move was unconstitutional.

Nagle, a registered nurse and director of the group, said in the court submissions that CFN backs the Ottawa protest as peaceful participants and supporters.

“CFN and Nagle denounce violence and do not view violence as a legitimate means of expression or as a means of achieving one’s political ends.”

The applicants also seek all orders-in-council, minutes of meetings, cabinet submissions, memorandums, agreements, and constituting documents relating to the public order emergency proclamation.

As of late Friday, no date had been set to hear the motion for an injunction. Federal officials had yet to file a response to the court application.

The court filing comes as police escalated operations against the protesters on Feb. 18, making dozens of arrests and towing many vehicles in downtown Ottawa in an effort to end the demonstration.

The protest, which has been encamped in the city’s downtown core for the past three weeks, began in opposition to the government’s COVID-19 mandate requiring truck drivers crossing back into Canada from the United States to be fully vaccinated if they want to avoid a 14-day quarantine. The protest soon expanded to a national movement as large convoys of trucks arrived at the nation’s capital on Jan. 29, with many joining to oppose all COVID-19 measures.

On Feb. 14, the Liberals invoked the Emergencies Act to give authorities additional powers to deal with the protest, such as compelling towing companies to remove trucks encamped in Ottawa’s downtown core.

Some additional financial measures were also added to cut off funding for the protests, including the broadening of anti-money laundering mechanisms to crowdfunding platforms and digital currencies. Banks will be able to freeze accounts of individuals or corporations involved in the protests without the need for a court order.

Prime Minister Justin Trudeau said in the Feb. 14 announcement that the emergency measures will be time-limited and used in a targeted and proportionate fashion.

Debate on the use of the Act has been underway in the House of Commons over the past few days. While the NDP supports the government’s invocation of the measure, the Conservatives and Bloc Quebecois oppose its use.

Alberta Premier Jason Kenney said on social media on Feb. 19 that he will be filing a court challenge against Ottawa’s use of the Act.

The Canadian Constitution Foundation and the Canadian Civil Liberties Association also said last week that they would take legal actions against the government’s emergency measure.

The Canadian Press contributed to this article.