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Invocation of Emergencies Act and associated regulations and order declared unreasonable and ultra vires.
The Canadian Civil Liberties Association brought an application for judicial review challenging the federal government's invocation of the Emergencies Act and the associated regulations and order.
The Federal Court declared that the decision to issue the Proclamation and the associated regulations and order was unreasonable and ultra vires the Emergencies Act.
The Court also found that the regulations infringed section 2(b) of the Charter and the order infringed section 8 of the Charter, and that neither infringement was justified under section 1.
Decision to declare public order emergency was unreasonable, ultra vires, and infringed Charter rights.
The applicant sought judicial review of the Proclamation Declaring a Public Order Emergency and associated regulations and orders made under the Emergencies Act.
The respondent moved to strike the application on grounds of mootness and lack of standing.
The Federal Court denied the motion to strike, granting the applicant public interest standing and exercising its discretion to hear the moot case.
The Court held that the decision to issue the Proclamation and associated measures was unreasonable and ultra vires the Emergencies Act.
The Court further declared that the Regulations infringed section 2(b) of the Charter and the Order infringed section 8 of the Charter, neither being justified under section 1.
Proclamation of public order emergency declared unreasonable, ultra vires, and in violation of Charter rights.
The applicants sought judicial review of the Proclamation Declaring a Public Order Emergency and associated regulations and orders.
The Federal Court declared the decision to issue the Proclamation unreasonable and ultra vires the Emergencies Act, and found that the measures unjustifiably infringed sections 2(b) and 8 of the Charter.
Judicial review application dismissed for lack of standing.
The applicants brought an application for judicial review of the Order in Council proclaiming a public order emergency pursuant to subsection 17(1) of the Emergencies Act.
The respondent moved to strike the application on the basis that the applicants lacked standing and the application was moot.
The Court dismissed the application on the ground that the applicants lacked standing to bring the underlying application.
No costs were awarded.
Motion for extension of time to seek judicial review dismissed due to unreasonable delay.
The applicant sought an extension of time to seek judicial review of a 2016 Canadian Human Rights Commission decision dismissing her complaint regarding a failure to accommodate her family status by the CBSA.
She delayed nearly four years, initially pursuing a grievance rather than judicial review.
The Federal Court dismissed the motion, finding the applicant lacked a continuing intention to pursue judicial review, the proposed application lacked potential merit, the respondent would suffer prejudice, and there was no reasonable explanation for the lengthy delay.
