Top Tweets for #Emergenciesact

Last Friday, the Federal Court of Appeal released one of the most significant constitutional decisions in decades. The Court confirmed that the federal government’s February 14, 2022 invocation of the Emergencies Act was unlawful, that statutory thresholds were not met, and that fundamental Charter rights including freedom of expression, protection against unreasonable search and seizure, were violated. It also held that the freezing of Canadians’ bank accounts was unlawful and occurred without the constitutional safeguards required in a free and democratic society. This is now the second Canadian court to reach the same conclusion. The rule of law has spoken clearly. Yet there has been no public acknowledgement, apology, or explanation from the federal government. In a Westminster parliamentary democracy, findings of this gravity engage the constitutional convention of Ministerial Responsibility. That principle holds that when ministers authorize unlawful action or preside over serious failures of governance, they are expected to accept responsibility, including resignation from Cabinet. Seven members of the current Cabinet participated in the February 14, 2022 decision. Respect for constitutional norms and democratic accountability now requires that they resign from Cabinet: - Dominic LeBlanc - Mélanie Joly - François-Philippe Champagne - Anita Anand - Patty Hajdu - Marc Miller - Sean Fraser Canada's democracy depends not only on the exercise of power, but on the willingness to relinquish it when the law has been breached.