Bundesregierung legt beim Obersten Gerichtshof Berufung gegen die Anwendung des Notfallgesetzes ein | CBC-Nachrichten

    https://www.cbc.ca/news/politics/government-appealing-emergencies-act-use-supreme-corut-9.7132438?__vfz=medium%3Dsharebar

    7 Kommentare

    1. CaptainCanusa on

      I don’t really care one way or the other if it’s ruled lawful or not, and I feel like most Canadians feel the same way.

      But I am interested in why the federal government is continuing the fight. Is this just standard practice, or is there a greater impact of the previous ruling the gov. is hoping to avoid?

      Legal people help a brother out!

    2. Drummers_Beat on

      This was the most expected outcome. Truthfully, I have no idea how they’ll side on this and feel as though the convoy was an excellent example of how federalism tends to have some serious flaws when it comes to law enforcement given Ford’s intentional disregard for this issue.

      That said, it pisses me off that that years later this is still being politicized by people with MPs such as Andrew Lawton already saying this is just the Liberals avoiding responsibility for their actions instead of the justice system working to its fullest extent.

    3. The justices determined that it is not a national emergency when the nation’s capital is occupied by persons who are preventing businesses from operating and are tormenting the residents, while associated groups block international trade routes. Arrests were made and charges filed against some who were armed to the teeth, and early memorandums from the organizers in the Ottawa protest called for a dissolution of Parliament.

      It leads me to wonder if the justices believed that there is *any* level of disruptive protest which could constitute a national emergency, and if so what that would be.

      I hope this appeal illuminates this.

    4. > In the 2024 decision, Federal Court Justice Richard Mosley, since retired, said the government’s decision lacked justification, transparency and intelligibility.

      He also said in that decision that he would have done the same thing. What Mosley is saying is that the law does not pass its own standard because it is broken. The law should be fixed.

      It would be nice if next time we need it the law would be better adapted to the kind of challenges we need to use it for.

    5. lifeisarichcarpet on

      This is all kind of moot. The dispute is more a political question than a legal one and we had an election already.

    6. These protests had gone on far too long, were wildly disruptive to both residents and local businesses, and blocked the free movement of trade at the borders. So it had to be stopped. If the Emergencies Act was the only law that could be used, but wasn’t quite appropriate enough, then another law needw to be passed that is.

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