Premier Danielle Smith is among the provincial officials reacting to a federal court ruling over the Emergencies Act. (Photo: Government of Alberta)

By David Opinko

Alberta pleased with court ruling over Emergencies Act

Jan 23, 2024 | 2:21 PM

EDMONTON, AB – Top officials within the Government of Alberta are reacting to the federal court’s ruling over Ottawa’s use of the Emergencies Act.

On Tuesday, January 23, 2024, Justice Richard Mosley said the federal government’s invocation of the act led to the infringement of constitutional rights.

It was utilized on February 14, 2022, as a way to break up the Freedom Convoy blockades in downtown Ottawa and near the Coutts border crossing in Alberta.

In a joint statement from Premier Danielle Smith and Justice Minister Mickey Amery, they say it has been clear that the use of the Act violated the constitutionally-guaranteed rights of Albertans and gave the federal government the ability to seize property without due process of law.

“This court decision reaffirms that regulations under the act violated charter rights to freedom of expression and that the orders infringed upon the rights of Albertans, and Canadians, to be free from unreasonable search and seizure,” the province said.

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Smith and Amery add that it is another example of the Federal Court ruling against Ottawa’s “unconstitutional practices.”

“Whether it’s this court decision or their defeat on plastics or the Impact Assessment Act, it is clear the federal government simply does not understand or respect the Constitution of Canada,” said Smith and Amery.

They continued, “We are disappointed that the federal government has indicated it will be appealing the decision. The unnecessary use of the Emergencies Act set a dark and dangerous precedent, and if the federal government will not acknowledge that fact, Alberta will continue to champion the charter rights of Albertans and all Canadians.”

The provincial officials extended their gratitude to the Canadian Constitution Foundation and the Canadian Civil Liberties Association, as well as other parties, for getting involved in this legal challenge.

READ MORE: Federal use of Emergencies Act was unreasonable, judge rules