Interim Executive Director at @CDNConstFound - Lawyer - Broadcaster - Author - YouTube: piped.video/c/theCCF *not legal advice!
Toronto, ON
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Christine and Daniel Reio, supported by the Canadian Constitution Foundation, are challenging a government decision that has left their property effectively unusable while imposing potentially ruinous costs on them. Help support this case by visiting theccf.ca/buriedcosts/
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URGENT BREAKING NEWS: CCF announces legal challenge to Trudeau’s invocation of federal Emergencies Act
theccf.ca/legal-challenge-em…
#cdnpoli
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Turns out I there is indoor dining in Ontario after all, you just need to do it in the airport. Science is truly incredible.
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Wrapped up the day at the BC court challenging the government's discriminatory vaccine passport policy. Thanks to our talented lawyer Geoffrey Trotter for his hard work on this case. I'm feeling really optimistic!
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This morning we are in court fighting the Trudeau government's appeal of a federal court ruling that their use of the Emergencies Act against the Freedom Convoy was illegal and unconstitutional. I've written about it here: christinevangeyn.ca/post/tru…
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a blanket ban on walking in the woods is nonsensical. Walking doesn’t cause fires. Banning people from stepping foot in any forest, whether on Crown land or private property, is an unjustified overreach. It’s not fire prevention. It’s performative panic. trendingpolitics.ca/ban-fire…
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We are proceeding with our case against the federal government for their illegal and unconstitutional use of the Emergencies Act. Read what the revocation means for our case, and why we are still proceeding, in today's @nationalpost
nationalpost.com/opinion/opi…
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As a civil liberties lawyer I am deeply concerned with what has been happening with the @seanfeucht concerts across Canada. While park officials have discretion to revoke permits for legitimate safety issues, it is unclear that the decisions here are guided by safety or if that is a pretext to cancel a concert on the basis of its content.
Even more troubling is the fine for the Montreal church Église MR. The church hosted a worship service and was fined for failing to obtain a permit, which ought not to have been required. From my outside observations, the performance in the church was a free worship service open to all, using typical sound equipment used in any church service.
I would be happy to speak with the leadership of Église MR to learn more about the ticket and if the @CDNConstFound can do anything to help.
Canada is a democracy with protections for freedom of expression and religion. If you do not like a particular performance you are free not to attend. But it is deeply disturbing to watch politicians argue to shut down worship services at churches because they disagree with a particular message.
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a COVID travel ban case is finally going to the Supreme Court of Canada. The case of Taylor v Newfoundland will consider the right to travel between provinces. Kim Taylor was denied the right to enter Newfoundland to attend her mother's funeral during the pandemic. And the province argues there is no s 6 Charter right to travel between provinces. The @CDNConstFound has been granted intervener status in the case to argue that there is such a right.
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When safety becomes a weapon, everyone loses. Nova Scotia’s forest ban is overkill and it's deja vu. It's happening now because the government got away with it last time. This is a classic example of safetyism: a mentality where risk becomes an excuse for control, not communication. Once the government sees that overreach is workable, it’s replayed, every few years.
I’ve got a report coming out soon on government overreach in the guise of safety, and how these policies expand unchecked. Stay tuned—this is just the beginning.
cbc.ca/news/canada/nova-scot…
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The number of people who would willingly submit to authoritarian policies because the government tells them it is to keep them safe is really depressing.
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Freeland is spending a lot of time discussing electric vehicle subsidies. Which seems supremely irrelevant for the purpose of this inquiry. #POEC
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Check out my interview tonight on @CBCNews tonight about the federal court decision declaring the Trudeau government's invocation of the Emergencies Act unreasonable and unconstitutional.
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My friends in the US just got vaccine appointments. They're in their 30s. But their 100 year old Auschwitz-surviving grandmother was turned away at North York general in Toronto.
The vaccine rollout in this country has been an embarrassment.
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"when you describe everything as a safety issue, it means everything can be controlled"
globalnews.ca/news/11324243/…
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The Canadian Constitution Foundation (CCF) has announced it is launching a legal challenge to the federal government’s invocation of the Emergencies Act. The challenge will be by way of urgent application for judicial review at the Federal Court.
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Yet another temporary measure that keeps getting less temporary. We are challenging this policy in BC.
cbc.ca/news/canada/british-c…
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I just got to the BC Court of Appeal. Today the court is hearing the appeal in our legal challenge of the BC vaccine passports and failure to create workable medical exemptions. I'll be live tweeting the proceedings beginning at 10 am PST.
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Will comorbidities also be taxed? 🤔
Quebec premier says adults without a legitimate vaccination exemption will have to pay an extra tax. François Legault says unvaccinated people are financially burdening the health care system, and that they'll have to make a 'health care contribution.'
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I had an appearance today at Heritage committee to talk about freedom of expression. The Liberal MP used his question time to ask me:
1. do I support abortion
2. do I support a Niqab ban
3. what do I think of trans kids
4. do I support using the N word.
I have a forthcoming book about freedom of expression, the fascinating history of the right and its history dating back to ancient days and the modern challenges. The Liberal member used his time to make the most unconnected, bizarre partisan attacks imaginable.
These are not serious people, they are not curious about the foundations of this right or the role it plays in democracy. Their lack of interest in this right explains why this federal government has advanced some of the most censorious pieces of legislation in modern Canadian history, like C11, C18 and C63.
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For anyone saying these measure are temporary...
On vaccine passports, Trudeau says provincial passports will be an "interim measure, that will perhaps last a year or so, before (the feds) bring in a formalized passport version" #cdnpoli
ctvnews.ca/politics/federal-…
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Our Charter explicitly protects the right of Canadians to enter, remain in and leave Canada. Imposing these quarantine prison hotels is a clear violation of the right of Canadians to enter their own country
#cdnpoli
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UPDATE: We have filed our evidence for the challenge of the federal hotel quarantine policy
#cdnpoli
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Nearly 2,000 people have signed our petition in 24 hours, calling on Nova Scotia to restore responsible access to forests and end the forest lockdown.
theccf.ca/restore-access-to-…
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BREAKING: the interim injunction for our constitutional challenge of the federal quarantine hotel policy will be heard on Friday March 19.
#cdnpoli
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We at the CCF are now poring over the decision in the judicial review of the invocation of the Emergencies Act. The high level: invocation was unreasonable and ultra vires, the regulations enacted under it unconstitutional.
We are reading the reasons now, they are available here: theccf.ca/wp-content/uploads…
THIS IS A MASSIVE VICTORY
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BRING IT ON.
Freeland: Feds will appeal court ruling
Chrystia Freeland says the federal government will appeal a court's ruling that the use of the Emergencies Act was 'unreasonable.'
ctvnews.ca/video/c2852829-fr…
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It's very disturbing that the democratically elected leadership of this province has made their position on vaccine passports clear. But a group of unelected bureaucrats are attempting to overrule that decision. The case for vaccine passports is not made out. This is a power grab
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"The federal government has invoked the Emergencies Act as a matter of political convenience. This is illegal and violates the rule of law, and that’s why we are challenging the government in court,” - @cvangeyn
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NEWS RELEASE: The @CDNConstFound is in the Federal Court today seeking the disclosure of information which goes to the heart of the federal government’s decision to invoke the Emergencies Act
Read more here:
theccf.ca/canadian-constitut…
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About to go live on @CBCNews, the new program Canada Tonight, to discuss the decision in the emergencies act case
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Watch the video. And think about the fact that a bunch of the politicians who decided to send police into people's homes to bust up family dinners have been spending their Christmas on tropical beaches.
#onpoli #ableg #cdnpoli
beta.ctvnews.ca/local/ottawa…
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In this clip from @cbcnews the mayor of Niagara falls says:
- only 200k people showed up to watch the eclipse (not ~1M)
- there was no emergency
- the region's emergency declaration kept people away and led to hotel cancellations...
- and that he can't disagree with the @CDNConstFound bringing a judicial review, since emergency declarations should be limited to emergencies. Gold.
piped.video/BZqSyR3rCt0?si=DUZS…
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My latest oped: Emergencies Act was clearly unjustified — Liberals face steep path to appeal. Federal Court ruling a massive political humiliation for the government
nationalpost.com/opinion/chr…
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At this point all I want are tax credits for independent schools. I want to get my kids away from the constant strikes (and strike threats) in the disastrous government school system.
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NEWS RELEASE: Federal Court finds Emergencies Act invocation violated rights, was unreasonable and unconstitutional.
More: theccf.ca/emergencies-act-us…
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If you are a person in British Columbia who cannot get vaccinated for medical reasons and will be adversely impacted by the new vaccine passport policy please send me an email at cvangeyn@theccf.ca
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“Prime Minister Trudeau has set a dangerous precedent by invoking the never before used federal Emergencies Act to address the current situation." - @cvangeyn
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Kids will have lost nearly two full years of school. What will the long term consequences be? It's heartbreaking and many parents feel helpless.
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Yesterday's decision from Federal Court was so gratifying. A real victory for fundamental freedoms, especially the right to protest. We are inundated with media responding to this historic decision, and absolutely thrilled with the result.
tnc.news/2024/01/23/federal-…
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Just arrived at Osgoode Hall for the hearing in Dr Jordan Peterson v College of Psychologists of Ontario. Follow this account for live tweets
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Really disappointed to see the inaccuracies in this CBC story for kids. @CBCAlerts @CBCNews @cbckids @CBCKidsNews I'll point out some of the corrections you need to make in this thread
cbc.ca/kidsnews/post/shutdow…
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"The high threshold for declaring a public order emergency in the Emergencies Act has not been met. The Act has been invoked to address a failure to use existing legal tools under the Criminal Code, which were used effectively on the Ambassador Bridge." - @cvangeyn
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BREAKING: We have filed our factum for the injunction to stop the quarantine hotels, which is being heard this Friday.
You can read our factum here:
theccf.ca/wp-content/uploads…
#onpoli #cdnpoli #ableg #lawtwitter #bcpoli
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I went to the grocery store today and they were sold out of milk. Good thing we have a supply management system that forces dairy farmers to pour perfectly good milk down the drain! #cdnpoli
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In Ontario if you test positive for covid you have a 5 day isolation period. But if you test positive from a random test at an airport, you have a 10 day isolation period.
Why?
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I've had a number of people contact me today, unsure about what they are allowed to leave their house for and afraid that police could pull them over.
The government has created a culture of fear with the stay at home order. This is terrible for police and for the public.
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Just imagine the Canadian media reaction if a CPC leadership candidate soft launched their candidacy with softball interview with US media.
Carney announces his leadership bid by having Jon Stewart drool over him for twenty minutes because everyone in Canada would see straight through his nonsense.
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Remember when Bonnie Henry said BC would never have vaccine passports because they increase inequities? And now people who live with disabilities that prevent them from getting vaccinated can't eat inside a restaurant. What a world.
"There is no way that we will recommend inequities be increased by use of things like #VaccinePassports" ~ Dr. Bonnie Henry BC Provincial Health Officer
#bcpoli #elxn44
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Some interesting and important litigation being brought by my friend @Lawsome_
Jewish union members file rights claim against CUPE alleging discrimination and antisemitism nationalpost.com/news/canada… via @nationalpost
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Today was a massive victory for civil liberties in Canada and I am thrilled with the role we at the @CDNConstFound played in this case.
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NEWS RELEASE: CCF preparing to take BC government to court to halt discriminatory vaccine passports
theccf.ca/ccf-preparing-to-t…
#bcpoli #cdnpoli
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“Emergency legislation should not be normalized. The threshold for using the Emergencies Act is extremely high and has not been met. The decision to invoke the Emergencies Act, which has never been used or interpreted by the courts, is unprecedented." - @cvangeyn
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Members of the public who are interested in supporting the case can make a tax deductible charitable donation at theccf.ca/emergenciesact/
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Ew. What a disgusting way to talk. I get that you are on your personal time, but this is gross and embarrassing. You really should take that break.
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As a civil liberties lawyer I am deeply concerned with what has been happening with the @seanfeucht concerts across Canada. While park officials have discretion to revoke permits for legitimate safety issues, it is unclear that the decisions here are guided by safety or if that is a pretext to cancel a concert on the basis of its content.
Even more troubling is the fine for the Montreal church Église MR. The church hosted a worship service and was fined for failing to obtain a permit, which ought not to have been required. From my outside observations, the performance in the church was a free worship service open to all, using typical sound equipment used in any church service.
I would be happy to speak with the leadership of Église MR to learn more about the ticket and if the @CDNConstFound can do anything to help.
Canada is a democracy with protections for freedom of expression and religion. If you do not like a particular performance you are free not to attend. But it is deeply disturbing to watch politicians argue to shut down worship services at churches because they disagree with a particular message.
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This description of the @JustinTrudeau government invocation of the Emergencies Act by @CTVNews is incredibly frustrating. The Federal Court found that the government's use of the EA was illegal and unconstitutional. This is never mentioned. Instead, CTV covered the Rouleau Commission, which is not a court and does not create precedent. The Rouleau Commission also found that while it was Rouleau's view that the threshold to use the act was met, another decision maker could reasonably reach a different conclusion. This is exactly what went on to happen, but was for some reason omitted by CTV. The illegal and unconstitutional use of this extraordinary law is a huge stain on Trudeau's legacy and one of the greatest infringements of civil liberties in Canada in a generation.
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I need your help. Trudeau has announced they are appealing the decision in our Federal Court case that found the invocation of the Emergencies Act unconstitutional & unreasonable. Please sign out petition asking the government NOT to appeal! theccf.ca/defend-liberty-wit…
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This morning I gave a speech to a delegation of international lawyers from across the world. I spoke to them about the dangers of the "safetyism" mindset to civil liberties. What some of them said to me after was chilling. Many of them come from countries with much more serious authoritarian problems. What they told me was "it started like Canada". The problems they see now began with a creeping limit on rights justified in the name of safety. They told me they wish their countries had pushed back sooner.
This is such an important lesson, and underscores to me how important the work at the @CDNConstFound is, challenging government overreach.
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NEWS RELEASE: The @CDNConstFound will be seeking a judicial review of the Nova Scotia ban on hiking and entering the woods.
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BREAKING: we've achieved a huge victory! The Ontario Superior Court has struck down the federal election censorship law, which we challenged as an unconstitutional infringement of freedom of expression.
Read our release: theccf.ca/victory-for-canadi…
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The dam is breaking
NEWS: Quebec Liberal MP Robillard also breaks ranks, questions Trudeau government’s handling of pandemic bit.ly/3HFblzf @abbas_rana1 #cdnpoli
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Public service announcement: you can support voluntary vaccination and oppose government mandating vaccination.
You can get vaccinated but think it's a problem if the government wants to ask you to prove it to enter a restaurant or get on a train.
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NEWS RELEASE: Nova Scotia court grants @CDNConstFound public interest standing to challenge Nova Scotia forest ban:
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BREAKING: The @CDNConstFound has filed materials in court challenging the federal government's invocation of the Emergencies Act.
Read more here:
theccf.ca/ccf-files-challeng…
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VICTORY! Ontario city backs down and rescinds order against homeowner flying anti-Trudeau flag after @CDNConstFound fights back
#cdnpoli
theccf.ca/victory-flag/
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I was invited to testify as a witness at the House of Commons committee studying a new bill that would dramatically expand the application of the criminal law to speech. We've asked Parliament to withdraw the bill, or make necessary amendments.
Our constitutional tradition is clear: freedom of expression protects even offensive and disturbing speech, and even hateful views, unless they cross a very high threshold.
Criminal law is our most powerful state tool, and it carries the highest stigma and the most serious consequences for liberty. It must be used with great restraint, especially in matters touching expression, belief, and political and religious discourse.
Hate cannot be legislated out of the human heart. What the criminal law can do — and should do — is prevent violence, threats, harassment and intimidation. But when we criminalize opinions, we risk making martyrs of hatemongers and driving vulnerable people toward hidden spaces of radicalization rather than exposing harmful ideas to the disinfecting force of truth and public criticism.
You can watch my full remarks to committee here:
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BREAKING: the @CDNConstFound announces legal action on BC vaccine passports. Read more here:
theccf.ca/canadian-constitut…
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The Act is drafted carefully and narrowly, to ensure the federal government cannot abuse emergency powers ever again.
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I was disturbed to read the report this morning about a criminal investigation into journalism by @junonewscom. The news outlet published a report in March about a former federal Liberal candidate. The news network is now being investigated for a potential breach of s. 91(1) of the Canada Elections Act. This is the same provision that the @CDNConstFound successfully challenged in 2021 for failing to have a knowledge requirement.
The law carries significant penalties, including a fine up to $50,000 and up to five years in prison. Under the previous version, the legislation did not require that the individual making the false statement be aware that it is false, capturing innocent statements. Thanks to our litigation, that has now changed. The offence now only captures the publication of statements the publisher knows to be false.
I can't imagine how this offence could be made out by the Juno News reporting. I looked at the report at issue, which you can read here: junonews.com/p/exclusive-lib…
The report involves a series of first hand interviews about eye witness account of the behaviour and comments of a former federal Liberal candidate. Some of the interview subjects have been anonymized. It looks like some of the accounts were corroborated, and while not all could be, there were multiple similar accounts which suggest a pattern. In my view, this weighs in favour of publication being in the public interest. Juno gave the candidate - a public figure - an opportunity to respond, and also gave his wife an opportunity to respond. It is clear in the report that these are allegations. I think the reporting meets the responsible communication standard.
Even if you are of the opinion that there was insufficient corroboration or not enough public interest (and I disagree), this isn't a criminal offence. Reporting, even if imperfect, should not be targeted by government agencies for sanction like this. This investigation shows the broader problems with the law and with enforcement by Elections Canada. This is weaponizing the law to stop journalism that the government doesn't like. I'm concerned it will chill reporting in the future.
I'll be watching closely to see if the investigation proceeds any further - because if it does, I can't imagine how Elections Canada will prove this report violated the act. But the investigation itself is punitive, as @junonewscom will need to retain counsel for this stage. Absolutely disgusting.
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I've been stuck on a column about what's going on with recent lockdown measures in Manitoba. In part because the government measures are becoming so bizarre I can't believe these things are actually happening.
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Receiving some feedback that our website is getting overwhelmed with traffic of people viewing our announcement of the challenge to the federal invocation of the Emergencies Act. Here is a screengrab.
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MY LATEST: Why the freedom of expression fight between @jordanbpeterson and the college of psychologists should matter to everyone
nationalpost.com/opinion/chr…
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"If Parliament authorizes the proclamation of the public order emergency, the courts will be the last defence for the rule of law. This isn’t about the convoy versus the city. This is about the rule of law.” - @cvangeyn
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There are currently 250+ people watching our injunction hearing against the federal quarantine hotel policy 😳
Lots of interest in this case!
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We've released an Explainer of the federal court Emergencies Act decision, highlighting the key passages that liberty-loving Canadians need to know. Get your copy here: theccf.ca/emergencies-act-ca…
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I'm in the Federal Court of Appeal this morning for the federal government's appeal of the legal challenge to Trudeau's use of the Emergencies Act. Follow me for live updates beginning at 9:30 am
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BIG NEWS! The Federal Court is now allowing people to observe our legal challenge to the Emergencies Act online, April 3-5. You can stream the proceedings live.
You must register here: cas-satj.zoom.us/webinar/reg…
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The Emergencies Act was enacted to replace the discredited War Measures Act, which was used during the Second World War to intern Japanese Canadians and Italian Canadians, and during the FLQ Crisis in Quebec.
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Opposed to vaccine passports? Join us in our fight against them:
theccf.ca/no-vaccine-passpor…
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🚨 There are HUGE problems with Trudeau's newly proposed "Online Harms" bill 🚨
We created a platform so concerned Canadians can write their MP about their concerns. PLEASE - we need your help to STOP & FIX this flawed censorship law
Write to your MP here: theccf.ca/fix-c-63/
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From Nova Scotia forest lockdowns to COVID shutdowns, from the War Measures Act to the Emergencies Act, governments love to use claims of "safety" as a basis for overriding fundamental rights.
Our latest report, "Safety Above All", explores the tensions between safety and liberty in Canadian cases. Download here: theccf.ca/safetyism/
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Hearing in the @CDNConstFound challenge to BC's vaccine passport system about to begin. Courtroom 30 at the BC Supreme Court, 800 Smithe St, Vancouver.
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Canadian lawyers urge rejection of Emergencies Act torontosun.com/opinion/colum…
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These records were released as a part of our legal challenge to the federal government's Emergencies Act. On August 8 we had a hearing asking the Federal Court to order the disclosure of unredacted cabinet documents to counsel only, in a closed court room.
Morning Update: Trudeau government invoked Emergencies Act despite ‘potential for a breakthrough’ with convoy protesters, documents show theglobeandmail.com/canada/a…
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The @CDNConstFound's work on the legal challenge to the Trudeau government's use of the Emergencies Act and the release of documents related to our case was featured on the front page of the Globe and Mail today.
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My first time being published in the @winnipegsun! Give me a retweet if you think @BrianPallister's new lockdown makes no sense and has gone too far
winnipegsun.com/opinion/colu…
#cdnpoli #Covid19MB #mbpoli
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The idea of vaccine passports seems less about stopping the spread of the virus, and more about imposing the will of the majority on the remaining portion of the population, who for whatever their reasons, remain unvaccinated /1
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"The main takeaway of this decision is that the federal government illegally used one of the most powerful tools in our legislative toolbox," said Christine van Geyn, litigation director at the Canadian Constitution Foundation.
"They illegally used it against what the court found was non-violent domestic protesters to silence a protest that they did not like."
calgary.ctvnews.ca/a-massive…
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The Act defines a national emergency as “an urgent and critical situation of a temporary nature that (a) seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or.....
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High profile back downs matter. Public pressure matters. Keep it up.
Quebec has backtracked on its plans to impose a tax on people unvaccinated against COVID-19 after mounting opposition to the controversial measure and announced additional public health measures will be lifted later this month.
montreal.ctvnews.ca/quebec-s…
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Do you think the Trudeau government's decision to end COVID travel restrictions is a political one?
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Greatest reality TV concept ever. Can't wait to watch.
Canadian military will rely on an army of public servants to boost its ranks by 300,000 ottawacitizen.com/public-ser…
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Trudeau used the Emergencies Act to ban protests and freeze bank accounts. We challenged the use of this law in federal court and won - it's now heading to an appeal. #cdnpoli
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MEDIA ADVISORY: we will be in court tomorrow at 10 am fighting the federal quarantine hotel policy.
You can view the proceedings live on zoom, link is available here: mailchi.mp/theccf/ccf-in-cou…
#cdnpoli #onpoli #lawtwitter #ableg #bcpoli
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