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What happens when a government turns its most powerful emergency legislation against its own citizens for honking horns?
This episode examines one of the most consequential constitutional rulings in recent Canadian legal history: the Federal Court of Appeal's decision finding that Prime Minister Justin Trudeau's invocation of the Emergencies Act against the 2022 Freedom Convoy protest was unlawful.
Gavin Tighe and Stephen Thiele dissect the court's rigorous analysis of the Charter of Rights and Freedoms, specifically the Section 2 protections for political speech and Section 8 protections against unreasonable search and seizure, and ask the harder question: when government wields extraordinary power and achieves its objectives, does a court ruling after the fact actually matter?
Listen For:
2:17 What qualifies as a true national emergency in Canada?
5:43 Why was the Emergencies Act invoked during the Freedom Convoy protests?9:31 Why did the Federal Court rule the Emergencies Act was used improperly?
17:31 Can the government freeze your bank account for supporting a protest?
22:46 Should extreme government powers ever be used to stop civil disobedience?
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