Date: 20240307
Docket: T-316-22
Citation: 2024 FC 36
Ottawa, Ontario, March 7, 2024
PRESENT: The Honourable Mr. Justice Mosley
BETWEEN:
CANADIAN CIVIL LIBERTIES ASSOCIATION
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
and
ATTORNEY GENERAL OF ALBERTA
Intervener
AMENDED JUDGMENT
UPON an Application for Judicial Review pursuant to section 18.1 of the Federal Courts Act, RSC 1985, c F-7 (Federal Courts Act)in respect of the Proclamation Declaring a Public Order Emergency, SOR/2022-20 (Proclamation), made pursuant to s. 17(1) of the Emergencies Act, RSC 1985, c 22 (4th Supp.) (the Act) and regulations made pursuant to s. 19(1) of the Act: the Emergency Measures Regulations, P.C. 2022-107, SOR/2022-21 (Regulations), and the Emergency Economic Measures Order, P.C. 2022-108, SOR/2022-22 (Order);
AND UPON the motion of the Respondent to strike the application for judicial review on the grounds that it was moot as the Proclamation had been revoked and the associated Regulations and Order had been terminated by operation of law and that the Applicant lacked standing to challenge the Proclamation, Regulations and Order as they were not directly affected by them within the meaning of subsection 18.1(1) of the Federal Courts Act;
AND UPON considering the material filed by the parties and hearing the oral arguments of Counsel at a hearing in the City of Ottawa, Ontario on April 3-5, 2023;
AND UPON considering that the wording of subsection 18.1 (1) of the Federal Courts Act is broad enough to encompass applicants when they meet the test for public interest standing;
AND UPON determining that while the application is moot, the Court should exercise its discretion to hear it and that the Applicant has satisfied the test to be granted public interest standing;
AND UPON determining that the decision to issue the Proclamation and the associated Regulations and Order was unreasonable and ultra vires the Act;
AND UPON determining that the Regulations infringed section 2(b) of the Canadian Charter of Rights and Freedoms Part I of the Constitution Act, 1982 adopted as Schedule B to the Canada Act 1982, 1982, c 11 (UK) (Charter) and that the Order infringed section 8 of the Charter and that neither infringement was justified under section 1 of the Charter;
THIS COURT ORDERS that:
The Respondent’s motion for an order striking the application for judicial review is denied and the Court exercises its discretion to determine the matter notwithstanding that it is moot in view of the revocation of the Proclamation and termination of the associated Regulations and Order;
The Applicant is granted public interest standing to bring this application for judicial review;
It is declared that the decision to issue the Proclamation and the associated Regulations and Order was unreasonable and ultra vires the Emergencies Act;
It is declared that the Regulations infringed section 2 (b) of the Charter and declared that the Order infringed section 8 of the Charter and that neither infringement was justified under section 1; and
There is no award of costs.
"Richard G. Mosley"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
T-316-22
STYLE OF CAUSE:
CANADIAN CIVIL LIBERTIES ASSOCIATION v ATTORNEY GENERAL OF CANADA AND ATTORNEY GENERAL OF ALBERTA
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
April 3-5, 2023
JUDGMENT:
MOSLEY J.
DATED:
January 23, 2024
AMENDED:
MARCH 7, 2024
APPEARANCES:
Brandon Chung
Ewa Krajewska
For The ApplicantS
Christopher Rupar
John Provart
David Aaron
Kathleen Kohlman
For The Respondent
SOLICITORS OF RECORD:
Henein Hutchison Robitaille LLP
Toronto, Ontario
For The ApplicantS
Attorney General of Canada
Toronto, Ontario
For The Respondent