Canadian Constitution FoundationDr. Jordan Peterson is being disciplined by the College of Psychologists of Ontario for public comments he has made on social media and on podcasts. While controversial, these comments do not relate to the practice of psychology. Dr Peterson has applied for a judicial review challenging the constitutionality of the provisions of the College’s Code of Ethics and Professional Standards that were relied on to order this discipline.
In this video, CCF lawyer Christine Van Geyn explains Dr. Peterson's case against the College of Psychologists.
The Canadian Constitution Foundation is considering intervening in Dr. Peterson’s case to make submissions on the value of freedom of expression. We have not yet applied for leave to intervene. Leave your comment below to let us know what you think. Should we intervene in Dr. Peterson’s case?
If you want to support our work at the CCF you can make a tax deductible charitable donation at theCCF.ca/donate/
Lawyer explains Jordan Peterson freedom of expression case against the College of PsychologistsCanadian Constitution Foundation2023-01-20 | Dr. Jordan Peterson is being disciplined by the College of Psychologists of Ontario for public comments he has made on social media and on podcasts. While controversial, these comments do not relate to the practice of psychology. Dr Peterson has applied for a judicial review challenging the constitutionality of the provisions of the College’s Code of Ethics and Professional Standards that were relied on to order this discipline.
In this video, CCF lawyer Christine Van Geyn explains Dr. Peterson's case against the College of Psychologists.
The Canadian Constitution Foundation is considering intervening in Dr. Peterson’s case to make submissions on the value of freedom of expression. We have not yet applied for leave to intervene. Leave your comment below to let us know what you think. Should we intervene in Dr. Peterson’s case?
If you want to support our work at the CCF you can make a tax deductible charitable donation at theCCF.ca/donate/Can Canadian politicians veto laws passed by the legislature? A new case!Canadian Constitution Foundation2023-05-29 | The Canadian Constitution Foundation (CCF) has been granted intervenor status in a novel case headed to the Ontario Court of Appeal about the power of the executive to override the will of the legislature. The case is Canadian Christian College v Ontario Post Secondary Quality Assessment Board and the King.
The dispute arose out of the decision by the Ontario legislature to pass legislation that allowed Canadian Christian College (CCC) to call itself a university and give it the power to grant Arts and Science degrees. CCC is run by Charles McVety, who is a political ally of Premier Ford. The legislation created a political controversy because of the relationship between Ford and McVety, and because of the history of offensive statements made by McVety, as well as questions about the financial dealings between the CCC and McVety.
In May 2021, 5 months after the legislation had passed and received Royal Assent, the Ontario Post Secondary Quality Assessment Board issued findings that CCC was “not ready” for the term university or for expanded degree granting. In reliance on these reports, the Minister of Training, Colleges and Universities refused to proclaim the legislation into force. He made this refusal using a commencement provision in the legislation, which confers statutory discretion on the executive to bring validly enacted legislation into force. In the intervention, the CCF is arguing that a commencement provision like the one at issue in this Appeal only grants the executive the limited power to determine when to bring legislation into force, not whether to bring it into force at all.
CCC is arguing at the Court of Appeal that by refusing to proclaim the legislation into force, the Minister appropriated a power to himself that belonged to the legislature. In essence, the appeal raises the fundamental question of whether a commencement provision can authorize the executive to never bring legislation into force, unless it expressly so provides.
“We are intervening in the dispute between Canadian Christian College and the Ford government to make an important point of constitutional principle about Parliamentary supremacy. The executive cannot override the will of the legislature in this way. Even if the government subsequently regretted its decision to propose legislation giving CCC new powers to grant degrees and call itself a university, and to use its legislative majority to pass it, the correct course of action would be to use the same legislative majority to repeal it. Allowing the Minister to use powers he does not have to block a law to save political face is executive overreach, because it intrudes on the power of the legislature to make laws,” said CCF Litigation Director, Christine Van Geyn. “The long term consequences of giving a Minister this type of ‘veto’ power over duly enacted laws are serious.”
The CCF is represented in this case by Sujit Choudhry and Jesse Hartery.
Members of the public interested in supporting the costs associated with this case can make a tax deductible charitable donation at theCCF.ca/donate/📣 ANNOUNCEMENT!! 📣 We are fighting Calgarys ban on protests!Canadian Constitution Foundation2023-05-17 | The Canadian Constitution Foundation (CCF) has filed a notice of application for judicial review challenging a Calgary bylaw that prohibits certain types of protests near city libraries and recreation centres.
“The Calgary protest ban bylaw violates core democratic rights to freedom of expression, association and assembly guaranteed by the Charter,” said CCF Litigation Director, Christine Van Geyn. “The protest ban bylaw is not content neutral, prohibits certain types of protests but not others. It puts the City of Calgary in the position of picking and choosing what types of protests are permitted and which are prohibited. This cannot be justified in a free and democratic society.”
The bylaw only restricts certain types of protests, namely protests that express “objection or disapproval” towards ideas or actions related to “race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation”.
The bylaw prohibits protests of this nature on publicly accessible property within 100 meters of an entrance to a recreation facility or a library. The bylaw comes with serious penalties, including a $10,000 fine and a term of imprisonment.
“It is not for the government to tell Canadians what they may or may not protest. This proposed bylaw and the $10,000 fine and threat of jail time is unconstitutional and should never have been passed.”
“Libraries are places for learning, debate and discovery. Recreation facilities and libraries can and do quite literally play host to political debates during elections. The effect of the bylaw is to silence debate around places where debate is designed to happen. Under the bylaw, the government would permit a pipeline protest but could prohibit a protest about female genital mutilation as a religious practice, or a protest about medical assistance in dying, or even a protest related to international armed conflict. The bylaw will also chill other speech that may not fall within the definition of ‘specified protest’, but which the public may fear could attract state sanction due to uncertainty in enforcement or application of the bylaw. The bylaw must be struck down,” concluded Van Geyn.
The CCF is bringing this application as a public interest litigant and is represented by Calgary lawyer Yoav Niv.
Members of the public interested in supporting the costs associated with this case can make a tax deductible charitable donation at theCCF.ca/donate/
See my earlier video about this bylaw HERE: youtu.be/wqr8yjeFLPgBill C-11 Passed... Now what? And what about freedom of expression?Canadian Constitution Foundation2023-05-11 | Bill C-11 is now the Online Streaming Act. What does this mean for user generated content? Christine explains the 3 main controversies around the law, and what the potential is for a constitutional challenge (answer: we need to wait to see how CRTC exercises this power).
Learn more by watching Christine's recent interview with some critics of the legislation on Canadian Justice: youtube.com/watch?v=gfXqbuuR_Ak
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Support our work, get a tax receipt! We are a registered Canadian charity: theccf.ca/donateCanadian healthcare is failing - and the courts are making it worseCanadian Constitution Foundation2023-04-17 | The Canadian Constitution Foundation is greatly dismayed by the Supreme Court of Canada’s decision to refuse leave in Cambie Surgeries v. Attorney General.
“The Supreme Court of Canada’s decision to refuse leave in the Cambie matter is a shocking dereliction of the Court’s duty to provide legal clarity across the country”, said Joanna Baron, Executive Director of the CCF. “The Court is to hear cases that raise legal issues of national importance, and given the growing crisis of wait times across Canada as well as the complex and contradictory state of the law, it is inexplicable and stunning that it elected not to hear this challenge. This morning, the Globe and Mail’s editorial board called the issue “literally one of life and death.”
In 2005, a majority of the Supreme Court of Canada in Chaoulli ruled that Quebec’s ban on private health insurance was unconstitutional. A majority ruled that the ban was “not constitutional where the public system fails to deliver reasonable services” and that “life, liberty and security of the person must prevail.”
“That Supreme Court decision, which was ultimately decided under the Quebec Charter, remains good law and allows Quebeckers the right to choose to take their health into their own hands by going outside a failing government system instead of suffering on lengthy waiting lists. It remains unclear why the same reasoning ought not to apply in the rest of Canada under the Charter’s guarantee of life, liberty and security of the person. It is lamentable that the Supreme Court declined to resolve these ambiguities, which directly affect every Canadian”, continued Baron.
In addition to the inequality between Quebec and the rest of Canada, there remains massive inequality between federal public servants, such as judges, who are entitled to federal health insurance and are able to be treated in private healthcare facilities like Cambie, and the rest of Canadians who are forced by government monopolies into dangerous and long waiting times.
The CCF is grateful for the courageous leadership of Dr. Brian Day, who has dedicated fourteen years of his life to the cause of improving the healthcare system for all Canadians, and is currently considering other avenues of litigation to continue his fight for patient choice.
Some complaints were made to the College of Psychologists of Ontario by members of the public about provocative statements on social media made by Dr Peterson. Those statements related to Dr Peterson’s opinion regarding things like politics, public figures, the Freedom Convoy and climate change. The comments did not relate to the practice of psychology.
The College conducted an investigation and found that Dr. Peterson’s statements violated the Code of Ethics for Psychologists (the “Code”) and therefore the Standards of Professional Conduct (the “Standards”). The College ordered Dr Peterson to complete an education program to address issues regarding professionalism in public statements. Dr. Peterson refused to participate in what he has described as a “re-education program”, and brought an application for judicial review at Ontario Divisional Court challenging the constitutional validity of the Code and the Standards, which are enacted under provincial law.
“This is a classic freedom of expression case. There appears to be growing interest in self-governing professional regulators sanctioning their members for unpopular speech,” said CCF Litigation Director, Christine Van Geyn. “The point the CCF wants to make in our intervention is that it doesn’t matter whether you like or dislike what Dr. Peterson says. It’s about whether his statements can be sanctioned by a professional regulator when they realistically have nothing to do with the practice of psychology and the complaints were brought by members of the public who basically just don’t like Dr Peterson. We say that granting such an expansive power to regulate the speech of their members to the College of Psychologists would violate the Charter protected right to free expression.”
Members of the public interested in supporting the costs associated with this case can make a tax deductible charitable donation at theCCF.ca/donate/
Watch my earlier video explaining the Dr Peterson case here: youtu.be/YORCKDiMscwFighting Trudeaus Emergencies Act - FINAL DAY RECAPCanadian Constitution Foundation2023-04-06 | The Canadian Constitution Foundation (CCF) is appearing in court April 3-5 in the judicial review of the federal government’s use of the Emergencies Act. This judicial review by a court is separate from and not bound by the findings of the Public Order Emergency Commission. And unlike that public inquiry, the court will make a formal legal finding on the question of whether using the Act was justified.
Support our legal fees by donating at theCCF.ca/donate/Challenging Trudeaus Emergencies Act! Day 2 court summaryCanadian Constitution Foundation2023-04-04 | The Canadian Constitution Foundation (CCF) is appearing in court April 3-5 in the judicial review of the federal government’s use of the Emergencies Act. This judicial review by a court is separate from and not bound by the findings of the Public Order Emergency Commission. And unlike that public inquiry, the court will make a formal legal finding on the question of whether using the Act was justified.
Support our legal fees by donating at theCCF.ca/donate/
Register with the court to live stream the proceedings: cas-satj.zoom.us/webinar/register/WN_4RGVRWU5TAOV3t4ts8M-zgChallenging Trudeaus Emergencies Act! Day 1 court summaryCanadian Constitution Foundation2023-04-04 | The Canadian Constitution Foundation (CCF) is appearing in court April 3-5 in the judicial review of the federal government’s use of the Emergencies Act. This judicial review by a court is separate from and not bound by the findings of the Public Order Emergency Commission. And unlike that public inquiry, the court will make a formal legal finding on the question of whether using the Act was justified.
Support our legal fees by donating at theCCF.ca/donate/
The Canadian Constitution Foundation will be in court April 3-5, 2023 in Ottawa fighting the Trudeau government's illegal and unconstitutional use of the Emergencies Act.
Sadly there is no live stream of the hearing but you can follow Christine on twitter for live updates: twitter.com/cvangeyn
WE WILL BE BROADCASTING LIVE AFTER COURT EACH DAY - SUBSCRIBE TO THE CHANNEL AND RING THE NOTIFICATION BELL TO GET NOTIFIED WHEN WE ARE GOING LIVE WITH OUR DAILY RECAPS!!
You can also learn about what we thought of the Rouleau #poec report by watching Christine's video here: youtu.be/it61JtRPyWU
Please donate to support the fees associated with this case by making a tax deductible charitable donation at theccf.ca/donate
THANK YOU SO MUCH TO OUR SUPPORTERS AND SUBSCRIBERS! WE COULD NOT DO THIS WORK WITHOUT YOU! ❤️Calgarys Drag Queen Story Hour protest Ban will limit many other protests and is unconstitutional!Canadian Constitution Foundation2023-03-29 | On March 14, 2023, Calgary City Council passed a new bylaw that restricts protests around city libraries and city recreation facilities, like community and fitness centres. The new bylaw restricts specified types of protests, namely protests that express “objection or disapproval” towards ideas or actions related to “race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation”.
The bylaw prohibits protests of this nature on publicly accessible property within 100 metres of an entrance to a recreation facility or a library. While enacted as a response to protests against library's hosting "Drag Queen Story Hour", the bylaw will actually also limit many other protests, as Christine explains in this video.
This bylaw is not content neutral. It only prohibits specific types of protests that the government disapproves of. The courts have been very clear that the right to freedom of expression is content neutral. The content of a protest’s expression, no matter how offensive, unpopular or disturbing cannot deprive a protestor of their section 2(b) Charter protection.
It is not for the government to tell Canadians what they may or may not protest. This proposed bylaw and the $10,000 fine associated with it is unconstitutional and should never have been passed. We are preparing to bring a Charter challenge.
The CCF has also launched an online petition where individuals interested in putting their name forward can submit their information and the story of how this bylaw may impact them. The portal is at TheCCF.ca/CalgaryProtestBan/
The CCF is also in consultations with lawyers about this case.
This bylaw is a clear example of a short-sighted council pushing through an unconstitutional bylaw because of a current cultural touchpoint. The debate at Council makes it quite clear that the concern driving this rush to enact the protest ban is protests at Drag Queen Story Hour. However, Calgarians have a right to protest such events, and indeed a right to protest any topic they choose. Calgary City Council has closed its eyes to the potential unforeseen consequences of this bylaw being used to silence speech that they themselves may agree with.
Members of the public interested in supporting the costs associated with this case can make a tax-deductible charitable donation at theCCF.ca/donate/Townhall about the state of freedom in CanadaCanadian Constitution Foundation2023-03-02 | In this video Christine Van Geyn and Joanna Baron of the Canadian Constitution Foundation discuss the state of freedom in Canada.
If you want invites to exclusive events put on by the Canadian Constitution Foundation, sign up to become a Freedom Insider. All donors to the CCF are automatically signed up as Freedom Insiders. Join us today!
theccf.ca/donateJoin LIVE for a townhall about the Emergencies Act, Notwithstanding Clause & Freedom of ExpressionCanadian Constitution Foundation2023-03-01 | Townhall is at NOON EST today, March 1.
Register for FREE here:
Topics will include: - The Charter right that our supporters are overwhelmingly concerned about - Updates on the Emergencies Act - The state of free expression in Canada - The most divisive section of the Charter, according to our supporters - What do you want us to work on in 2023?
Hope to see you there!
theccf.ca/2023townhallI want to answer your questionsCanadian Constitution Foundation2023-02-27 | You’re invited to join us me for a LIVE townhall where I answer your questions along with CCF Executive Director Joanna Baron.
Date: Wednesday, March 1, 2023 Time: 12:00 PM Noon ET (10 AM Mountain Time) Where: Zoom (online)
On March 1 we’ll discuss updates on our legal work as well as the results of our recent annual survey. We try to keep our supporters updated on our work so that they know their donations are being put to use fighting for Canadians’ rights and freedoms.
Topics will include: - The Charter right that our supporters are overwhelmingly concerned about - Updates on the Emergencies Act - The state of free expression in Canada - The most divisive section of the Charter, according to our supporters
We hope you can join us!
REGISTER HERE: theccf.ca/2023townhallThe Fight Over Trudeaus Emergencies Act Isnt OverCanadian Constitution Foundation2023-02-21 | On February 17, the Public Order Emergency Commission #POEC issued it's final report. The report was very deferential to the Trudeau government and found that the use of the Emergencies Act was reasonable.
This is not the final word on the legality of the Trudeau government's use of this extraordinary law. The Canadian Constitution Foundation has brought a judicial review of the use of the Emergencies Act, which will be heard in early April.
In this video, Christine outlines some of the problems with the Rouleau report and explains the judicial review coming this April.
You can read the Rouleau report here: publicorderemergencycommission.ca/final-reportA Big Disappointment - The Emergencies Act Inquiry Report is outCanadian Constitution Foundation2023-02-17 | The Canadian Constitution Foundation, which participated as a party in the Rouleau Commission hearings and launched a legal challenge to the federal government’s February 2022 invocation of the Emergencies Act, is disappointed with the Commission’s report and many of its findings.
In his report, the Commissioner concludes that, largely due to failures in policing in Ottawa, Cabinet had reasonable grounds to conclude that a public order emergency existed in Canada. He made this finding despite evidence from the Director of CSIS that the protests in Ottawa and across Canada did not rise to the level of threats to the security of Canada, as required by the Act. There was also overwhelming consensus from police officers who testified before the Commission that existing criminal laws would have been sufficient to manage the protests.
The government refused to publicly disclose its legal basis for invoking the Act—reportedly, a legal opinion—by asserting solicitor-client privilege. The Commission therefore lacked a firm basis for concluding that Cabinet’s decision was reasonable.
As the Commissioner himself confirmed, his report is not binding in a court of law. The CCF looks forward to the hearing of its judicial review application in the Federal Court this spring.
#poec #freedomconvoy #cdnpoliPublic Order Emergency Commission Report Coming TOMORROWCanadian Constitution Foundation2023-02-16 | ...Trudeaus Emergencies Act - 1 year laterCanadian Constitution Foundation2023-02-15 | This week marks the 1 year anniversary of the Trudeau government's illegal use of the Emergencies Act. And one year later the Prime Minister is defending this rash decision on two fronts. There is a federal court challenge brought by civil liberties groups, including the CCF, and the Rouleau Commission inquiry report is expected any day now.
In this video, Christine breaks down what to expect.
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Register for our upcoming townhall on March 1: theccf.ca/2023TownHallEmergencies Act, life sentences, academic freedom & a Supreme Court judge: 🇨🇦s best law conferenceCanadian Constitution Foundation2023-01-23 | On January 20 and 21 the Runnymede Society put on their annual Law & Freedom 2023 conference at Hart House in Toronto, Ontario. Each year, this national conference brings together over 200 scholars, lawyers, and law students to hear from the best and brightest in Canada’s legal community on some of the most pressing issues facing the profession.
This year, the Runnymede Society hosted Professor Stephanie Barclay of Notre Dame Law School, who participated in a fireside chat with Justice Bradley Miller of the Court of Appeal for Ontario.
The Saturday keynote was given by Justice Russell Brown of the Supreme Court of Canada.
The conference also held panels on developments in equality rights law, the Emergencies Act, developments in section 12 cruel and unusual punishment jurisprudence, and about international law and academic freedom.
If you want to see full videos of some of the panels, instead of just the highlights, the Runnymede Society will be posting them on their youtube channel here: youtube.com/@runnymedesociety1125
Music by BenSound.comA victory for freedom of expression? An update on the Brampton sign bylawCanadian Constitution Foundation2023-01-11 | BRAMPTON: The Canadian Constitution Foundation (CCF) is pleased that Brampton City Council has voted to conduct public consultations on proposed unconstitutional amendments to the city’s Sign By-law. On November 28, 2022, Council voted on a resolution to amend the Sign By-law to only permit the display of election posters in windows or in windows on doors, with the restriction applying to private residential property. The by-law has not yet been enacted.
Following an announcement of planned litigation by the Canadian Constitution Foundation, Brampton City Council discussed the proposed by-law change during a closed session of the December 14 council meeting. The discussion was closed to the public because it dealt with litigation or potential litigation. Following the closed session, Brampton council passed a public motion directing staff to commence public consultations regarding the making of changes to the Sign By-law in relation to election signs and to report back to Council with recommendations. A clip of that portion of council, which took place at time stamp 3 hours 24 minutes, is available here.
“We are pleased to see that Brampton City Council has responded to our concerns about the unconstitutionality of this proposed by-law. It is obvious that the move to conduct a consultation instead of enacting the bylaw is a result of our plan to move forward with litigation alongside three Brampton residents,” said CCF Litigation Director Christine Van Geyn.
“The proposed Brampton sign law is undemocratic and unconstitutional. It prohibits outdoor signs on private property and goes against a long line of cases from the Supreme Court protecting free expression and political speech. It entrenches incumbent advantage by protecting candidates with name recognition and prohibiting their opponents from meaningfully advertising,” continued Van Geyn.
“Our sincere hope is that following this consultation period Council realizes that their plan to restrict election speech is legally flawed and changes course. This looks like the first step in a walk back of this by-law, and if that ultimately is the case, it is the right move for Brampton voters,” concluded Van Geyn.
The CCF and the Brampton residents have retained Annamaria Enenajor, who specializes in criminal defence, constitutional law and civil rights law. Ms. Enenajor represented the CCF at the Supreme Court of Canada in a freedom of expression case in 2021.
This holiday season I wanted to give you something special... a free book!
I've written a book about the craziest things we learned at the Public Order Emergency Commission #POEC, the inquiry looking into the Freedom Convoy and government's use of the Emergencies Act.
The book is called “The 12 Days of Christmas: Public Order Emergency Commission Edition”. I hope you enjoy it as much as we enjoyed putting it together.
Merry Christmas! - Christine and your friends at the CCF
PS: if you want to support our work, you can make a tax deductible charitable donation at theCCF.ca/donateWhy we are suing Brampton and Patrick Brown - their new unconstitutional bylawCanadian Constitution Foundation2022-12-14 | I really don't want to bring a constitutional challenge to a new bylaw recently voted on by Brampton city council and mayor Patrick Brown. But the bylaw is so obviously unconstitutional that we have to.
We've written to Brampton council asking them to back down, but they voted on the bylaw anyway.
The bylaw prohibits all election signs from being displayed outside, including on your own lawn. So if there is a federal election, residents of Brampton can't display election signs. This conflicts with a long line of cases and tramples on the right of Brampton voters to express their preferences when it matters most - during an election.
We have retained a lawyer and we are working with some Brampton residents on this challenge.
To support the costs associated with this legal fight you can make a tax deductible charitable donation at theCCF.ca/donate/Pay attention to this Supreme Court Case - its outcome can impact the Alberta Sovereignty ActCanadian Constitution Foundation2022-12-07 | In this video, Christine discusses a legal challenge from Quebec that will have big implications for the proposed Alberta Sovereignty Act. The Canadian Constitution Foundation will be appearing at the Supreme Court of Canada on December 7-8 as an intervener in the Reference re An Act respecting First Nations, Inuit and Metis children, youth and families (also known as Attorney General of Quebec v. Attorney General of Canada).
In this reference, the Attorney General of Quebec challenged the constitutionality of portions of An Act respecting First Nations, Inuit and Metis children, youth and families.
Broadly speaking, the Act does two things: (i) establishes a “national standards” framework for Indigenous child and family services; and (ii) it notably recognizes a right of Aboriginal self-government in relation to child and family services. The Attorney General of Quebec argues that sections dealing with national standards are invalid notably because they are inconsistent with Canada’s federal structure and the system of responsible government because the federal government cannot require a province to implement its law unless the province consents.
The problem with the challenged provisions of An Act respecting First Nations, Inuit and Metis children, youth and families is that the federal government appears to be directing the provincial executive and public service.
There is no dispute from us that the federal government could have enacted this legislation and then created a federal body to implement their own law. There is also no dispute that the federal government could have consulted with the provinces and asked them to consent to implementing federal law. However, the federal government cannot coerce the provinces into operationalizing a federal law.
In other words, as an intervener the CCF is arguing that, while the national standards in the legislation may fall within federal jurisdiction under s. 91(24) of the Constitution Act 1867, the way the federal government is going about this crosses a well-established constitutional line. If the federal government can direct the executive and public service of a province, it could remove a check on power and erode responsible government. Coercion is also inconsistent with the value of diversity and experimentation that federalism entails
The outcome of this case is significant because it could also have implications on the constitutionally of the newly proposed Alberta Sovereignty Within A United Canada Act. Political and legal observers should pay close attention.
Members of the public interested in supporting the legal fees associated with this case can make a tax deductible charitable donation at theCCF.ca/donate/Ten ways to fix the Emergencies Act - so it can no longer be abusedCanadian Constitution Foundation2022-11-30 | The Public Order Emergency Commission (#POEC) hearings have now moved to the policy stage. The Canadian Constitution Foundations has 10 recommendations on how to reform the federal Emergencies Act so it can never again be abused.
The recommendations are the following:
1. We recommend that to do this, there must be an exhaustion of provincial and territorial authorities
2. We recommend the creation of A Parliamentary Review Committee to provide real-time oversight
3. We recommend that the government be required to explain why existing legal tools fell short
4. We recommend the law be reformed to create Super-majority requirements to confirm a declaration of emergency
5. We recommend reforms to require Provincial confirmation of a declaration of emergency
6. We recommend creating the requirement for Supreme Court of Canada review
7. We also recommend expedited review of national security and cabinet privilege
8. We recommend that the inquiry must occur under the Inquiries Act so a proper investigation can take place
9. We also recommend that the inquiry into declarations of an emergency should be given 18 months to do its work
10. And finally, we recommend that the head of the inquiry should be appointed by an impartial party
You can read more about these recommendations in an op-ed we published in the National Post:
The work we do at the CCF is supported by voluntary charitable donations. Please support our work by making a tax deductible donation at theCCF.ca/donate/Cross Examination of Prime Minister Trudeau in Public Order Emergency Hearing - CCFCanadian Constitution Foundation2022-11-26 | On November 25, 2022, the Canadian Constitution Foundation cross examined the Prime Minister of Canada, Justin Trudeau. This was during the Public Order Emergency Commission (#POEC) which is looking into the federal government's invocation of the Emergencies Act.
We were interested in the line of questioning we started yesterday, about whether Cabinet was fully informed about a number of important things related to the EA before they decided to invoke. The Prime Minister is the chair of cabinet, and it is an important and serious responsibility. In our cross examination we learned that Cabinet was not given a copy of the legal opinion that showed the thinking behind this notion that the threshold for national security threat is different under the EA than under the CSIS act. This is a strange and novel theory and cabinet needs vigorous debate, and we now know that Cabinet did not receive this opinion. They were briefed orally on it by Lametti, but they did not have the document itself that may have – and likely did – lay out the gaps and risks in that legal theory. That’s typically what legal opininons do. We also learned that Cabinet did not receive a copy of the CSIS threat assessment that said there was no national security threat, and they did not receive a copy of the operational plan being developed by police, even a high level copy of it.
We also asked the prime minister to waive privilege on all these documents, but he refused to do so through counsel.
We also asked the prime minister to waive privilege over the Ottawa police operational plan to address protesters, which earlier in his testimony the Prime Minister called inadequate and said to the public "you should read it". On cross examination it is revealed that the Prime Minister has himself not read that plan, and that the plan as disclosed to the inquiry is so heavily redacted it cannot be read. When asked if he would waive privilege so we can read the plan, as he said we should, he refused through counsel to waive privilege.
At the end Commissioner Rouleau instructs the gallery to be quiet. This was in response to laughter in the gallery over the display of the extent of the redactions in the document the Prime Minister told us to read (but which he himself has not read).
The Canadian Constitution Foundation is a legal charity that fights for fundamental freedoms in Canada. You can support the costs associated with our participation in this historic inquiry by making a tax deductible charitable donation at theCCF.ca/donate/Justin Trudeau at Public Order Emergency Commission - Summary of his TestimonyCanadian Constitution Foundation2022-11-26 | Today, November 25, Prime Minister Justin Trudeau testified at the Public Order Emergency Commission (#POEC), the public inquiry looking into the federal government's invocation of the Emergencies Act.
In this live broadcast, CCF Litigation Director summarizes what he said today and provides some of her thoughts and opinions about it.
The Canadian Constitution Foundation is a charity. If you want to support the costs associated with our participation in this historic inquiry please make a donation at theCCF.ca/donate/Trudeau Did Not Have Authority to Invoke the Emergencies Act - CCF Closing ArgumentCanadian Constitution Foundation2022-11-25 | This is a video of the Canadian Constitution Foundation's closing argument made in the Public Order Emergency Commission #POEC on November 25, 2022.
If you want to support the costs associated with our participation in this historic inquiry you can make a tax deductible donation at theCCF.ca/donate/Minister Freeland claims economic damage is a national security threat?Canadian Constitution Foundation2022-11-25 | On November 24, counsel for the Canadian Constitution Foundation cross examined Finance Minister and Deputy PM Chrystia Freeland. She claims the definition of "national security threat" under the Emergencies Act and CSIS act includes economic damage.Did Trudeau withhold the legal opinion about the Emergencies Act from Cabinet?Canadian Constitution Foundation2022-11-25 | In this cross examination at the Public Order Emergency Commission #POEC Janani Shanmuganathan for the Canadian Constitution Foundation cross examines a panel of witnesses from the Prime Minister's Office. The theme of the questions is whether cabinet was provided with the legal opinion that the definition of "national security threat" is different from the definition in the CSIS act. This is significant because the government is relying on a novel (and likely incorrect) legal theory that the two definitions are different.
The witness from the Prime Minister's Office, Katie Telford, cannot confirm that cabinet had this legal opinion when they made the decision to invoke the act. This is significant because the Cabinet needs this opinion in order to assess it and make their decision. At the end of the day, it is the Prime Minister's responsibility to make sure this information was provided to cabinet.
If you want to support the costs associated with our participation in this historic inquiry, you can make a tax deductible charitable donation at theCCF.ca/donate/Minister Freeland and PMO Staff Cross Examined in #POEC Inquiry - Summary of second last dayCanadian Constitution Foundation2022-11-25 | In this video I summarize what happened in the second last day of the hearings in the #POEC - the emergencies act inquiry. Todays witnesses were Minister Chrystia Freeland and a panel from the Prime Minister's Office, including Katie Telford. We cross examined all the witnesses.
If you want to support the legal costs associated with our participation in this historic inquiry you can make a tax deductible charitable donation at theCCF.ca/donate/
If you want to support the legal costs associated with our participation in this historic inquiry you can make a tax deductible charitable donation at theCCF.ca/donate/Ministers Lametti, Anand and Alghabra at Emergencies Act Inquiry - lots of grilling and objectionsCanadian Constitution Foundation2022-11-24 | I'm in Ottawa attending the #POEC hearings in person and today was probably the toughest line of questioning we've seen from Commission counsel. Minister of Justice (Lametti), Minister of Defence ( Anand) and Minister of Transport (Alghabra) testified. I'm going live to tell you all about what happened, the background, to summarize the testimony and to tell you what I thought about today.
Leave a comment below to let me know what you thought of today!
If you want to support our legal fees you can make a tax deductible charitable donation at theCCF.ca/donate/Justice Minister Lametti gets GRILLED by lawyer on cross exam in #POECCanadian Constitution Foundation2022-11-23 | A lawyer for the Canadian Constitution Foundation, Janani Shanmuganathan, cross examines Justice Minister David Lametti about his belief that the definition of national security threat under the Emergencies Act is broader than the definition under the CSIS Act, which is incorporated by reference into the Emergencies Act.
Ms. Shanmuganathan puts to Mr Lametti excerpt from Hansard that show that the Emergencies Act definition is the CSIS definition. Lawyers for the government of Canada try to stop the line of questioning, but Minister Lametti pops in and gives an opinion on a paragraph from the Hansard excerpt. This allows the line of questioning to continue. Little does Minister Lametti know, the next paragraph from Hansard undermines him.Cross Examination of Minister LeBlanc - #POEC - Emergencies Act InquiryCanadian Constitution Foundation2022-11-23 | In this clip from the Public Order Emergency Commissions #POEC the lawyer for the CCF, Sujit Choudhry, cross examines Minister of Intergovernmental Affairs, Dominic LeBlanc.
Help support our legal fees: theCCF.ca/donate/Emergencies Act Inquiry - Convoy Counsel Ejected... Mendicino Testimony... WTF Happened today!Canadian Constitution Foundation2022-11-23 | I'm in Ottawa attending the #POEC hearings in person and today was a whirlwind, with a lot of crazy stuff happened. I'm going live to tell you all about what happened, the background, to summarize the testimony and to tell you what I thought about today.
Leave a comment below to let me know what you thought of today!Cross examination of Bill Blair at public order emergency commission #POECCanadian Constitution Foundation2022-11-22 | On November 21, the Canadian Constitution Foundation cross examined Bill Blair, Minister of Emergency Preparedness.
In this cross examination, the CCF Lawyer Sujit Choudhry asks Minister Blair about the order of operations the Ottawa police could have used to seek assistance from the RCMP.
You can watch other videos related to the #POEC here:
The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc
If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donate
NOTE: This video has been edited to remove pauses and administrative/logistical discussionsBill Blair and CSIS Director testify at Emergencies Act Inquiry - summary of testimonyCanadian Constitution Foundation2022-11-22 | It is the final week of the #POEC inquiry (the Rouleau Commission), which is looking into the federal government's invocation of the Emergencies Act in response to the 2022 #freedomconvoy.
The Canadian Constitution Foundation is in Ottawa as a party and cross examining witnesses. Christine, the CCF Litigation Director, is attending in person for the final week and summarizing the hearings.
Remember these summaries are just a summary of the evidence, they are only an opinion of the evidence when they expressly state so. They are also just Christine's best recollection.
You can help contribute to the costs associated with our participation in the inquiry by making a tax deductible charitable donation at theccf.ca/donateCross Examination of CSIS Panel - #POEC - National Security Threat DefinitioCanadian Constitution Foundation2022-11-21 | On November 21, the Canadian Constitution Foundation cross examined three witnesses in the Public Order Emergency Commission (aka the Rouleau Commission). The witness panel was David Vigneaut (CSIS Director), Michelle Tessier (CSIS Deputy Director of Operations), and Marie-Helene Chayer (Executive Director of ITAC).
In this cross examination, the CCF Lawyer Sujit Choudhry asks the witnesses about the CSIS definition of national security threat.
You can watch other videos related to the #POEC here:
The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc You can read my online guide about how to send in a public comment here: theccf.ca/emergencies-act-inquiry
If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donate
NOTE: This video has been edited to remove pauses and administrative/logistical discussionsOn My Way To #POECCanadian Constitution Foundation2022-11-21 | ...Did Cabinet know CSIS definition of national security threat wasnt met? Government witness cant sayCanadian Constitution Foundation2022-11-19 | On November 18, the Canadian Constitution Foundation cross examined two witnesses in the Public Order Emergency Commission (aka the Rouleau Commission). The witness panel was Clerk of the Privy Council Janice Charette, and Jacqueline Bogden, the government's deputy secretary on emergency preparedness. #POEC
In this cross examination, the CCF Lawyer Sujit Choudhry asks the witnesses if Cabinet knew that CSIS did not believe the definition of national security threat had been met by the 2022 #freedomconvoy. The witnesses were not able to answer this question.
You can watch other videos related to the #POEC here:
Summary of the testimony of RCMP Commissioner Brenda Lucki: youtu.be/Jj-1cR20mwI
Cross examination of Finance Panel about frozen bank accounts: youtu.be/Wl7MJvsRnbE
The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc You can read my online guide about how to send in a public comment here: theccf.ca/emergencies-act-inquiry
If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donate
NOTE: This video has been edited to remove pauses and administrative/logistical discussionsCross Examination about Frozen Bank Accounts - POEC - Department of Finance PanelCanadian Constitution Foundation2022-11-17 | In this video the CCF's lawyer, Sujit Choudhry, cross examines a three person panel from the federal department of Finance about the freezing of bank accounts.
This three person panel from Finance included Michael Sabia, Rhys Mendes and Isabelle Jacques.
This cross examination took place November 17, 2022, during the Public Order Emergency Commission (aka the Rouleau Commission) #POEC #freedomconvoy
You can watch other videos related to the #POEC here:
Summary of the testimony of RCMP Commissioner Brenda Lucki: youtu.be/Jj-1cR20mwI
The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc You can read my online guide about how to send in a public comment here: theccf.ca/emergencies-act-inquiry
If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donate
NOTE: This video has been edited to remove pauses and administrative/logistical discussionsCCFs Cross Examination of RCMP Commissioner Brenda LuckiCanadian Constitution Foundation2022-11-16 | In this video the CCF's lawyer, Janani Shanmuganathan, cross examines RCMP Commissioner Brenda Lucki. This cross examination took place November 15, 2022, during the Public Order Emergency Commission (aka the Rouleau Commission).
You can watch other videos related to the #POEC here:
Summary of the testimony of RCMP Commissioner Brenda Lucki: youtu.be/Jj-1cR20mwI
The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc You can read my online guide about how to send in a public comment here: theccf.ca/emergencies-act-inquiry
If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donate
NOTE: This video has been edited to remove pauses and administrative/logistical discussionsEmergencies Act Inquiry - Brenda Lucki Testifies - Summary of evidenceCanadian Constitution Foundation2022-11-16 | In this video the CCF's Litigation Director Christine Van Geyn summarizes some of the testimony from the Public Order Emergency Commission (Rouleau Commission) #POEC from November 15. On November 15, the Rouleau Commission heard from 2 witnesses. Brenda Luckie and Mike Duheme of the RCMP (there was a third witness later in the evening but this video does not summarize it).
The video also summarizes some of the important evidence from two senior federal public safety bureaucrats who testified on November 14. This video does not describe one piece of Commissioner Lucki’s testimony that you may be interested in, namely that Lucki didn't think to tell cabinet new information before Emergencies Act invoked. You can read about that here: torontosun.com/opinion/columnists/lilley-lucki-didnt-think-to-tell-cabinet-new-information-before-emergencies-act-invoked
You can watch other videos related to the #POEC here: Summary of Day 1 of the hearings here: youtu.be/c0zkHRkgn0o Summary of Day 2 of the hearings here: youtu.be/ICeR_J5ynk8 Summary of Day 3 of the hearings here: youtu.be/7LJeu83JklE Summary of Day 4 of the hearings here: youtu.be/RCaLPawujS8 Summary of Day 5 of the hearings here: youtu.be/V0A1-vTo6qw Summary of Day 6 of the hearings here: youtu.be/XaXDhYO5F4E Summary of Day 7 of the hearings here: youtu.be/tAvwxUdgP5Q Update on Ford being summoned to the commission here: youtu.be/Mxwm3XdPzRI The CCF’s cross examination of OPP Commissioner Carrique here: youtu.be/qbSyJLAokEY Summary of Sloly's examination by the commission: youtu.be/Q3aArZkokxU The CCF's cross examination of Ian Freeman, Ontario's assistant deputy minister of transportation: youtu.be/lR6eheB88Hg If you want to watch the CCF's opening statement, you can watch it here: youtu.be/uRWW7pP2PLk If you want to learn more about our legal challenge in federal court to the Trudeau government's use of the Emergencies Act, you can watch our playlist here: youtube.com/playlist?list=PLSVsDX58q8eruwS2i0bVx3nOFi1TcXaQw The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc You can read my online guide about how to send in a public comment here: theccf.ca/emergencies-act-inquiry If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donateCross Examination of Federal Public Safety Officials by CCF During Public Order Emergency CommissionCanadian Constitution Foundation2022-11-15 | In this video the CCF's lawyer, Janani Shanmuganathan, cross examines federal public safety officials, Rob Stewart and Dominic Rochon. Rob Stewart was the deputy minister of Public Safety. Dominic Rochon was the senior assistant deputy minister, National and Cyber Security Branch at Public Safety Canada
This cross examination took place November 14, 2022, during the Public Order Emergency Commission (aka the Rouleau Commission).
You can watch other videos related to the #POEC here:
The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc
If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donate
NOTE: This video has been edited to remove pauses and administrative/logistical discussionsCCFs cross examination of Ian Freeman, Ontarios assistant deputy minister of transportationCanadian Constitution Foundation2022-11-10 | In this video the CCF's lawyer, Sujit Choudhry, cross examines Ian Freeman. Ian Freeman is Ontario's assistant deputy minister of transportation.
This cross examination took place November 9, 2022, during the Public Order Emergency Commission (aka the Rouleau Commission).
You can watch other videos related to the #POEC here:
The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc
If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donate
The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc
If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donate
NOTE: This video has been edited to remove pauses and administrative/logistical discussionsExamination of Ottawa (Former) Police Chief Sloly in Rouleau Commission - Summary of his testimonyCanadian Constitution Foundation2022-10-28 | Today, October 28, is a short summary of the hearing for the Public Order Emergency Commission # POEC , also known as the Rouleau Commission. This is the long anticipated public inquiry into the federal government’s first ever invocation of the Emergencies Act in response to the 2022 Freedom Convoy.
In this video I also briefly summarize the evidence provided by former Ottawa Chief of Police Peter Sloly.
You can watch my summary of Day 1 of the hearings here: youtu.be/c0zkHRkgn0o You can watch my summary of Day 2 of the hearings here: youtu.be/ICeR_J5ynk8 You can watch my summary of Day 3 of the hearings here: youtu.be/7LJeu83JklE You can watch my summary of Day 4 of the hearings here: youtu.be/RCaLPawujS8 You can watch my summary of Day 5 of the hearings here: youtu.be/V0A1-vTo6qw You can watch my summary of Day 6 of the hearings here: youtu.be/XaXDhYO5F4E You can watch my summary of Day 7 of the hearings here: youtu.be/tAvwxUdgP5Q You can watch my update on Ford being summoned to the commission here: youtu.be/Mxwm3XdPzRI You can watch the CCF’s cross examination of OPP Commissioner Carrique here: youtu.be/qbSyJLAokEY If you want to watch the CCF's opening statement, you can watch it here: youtu.be/uRWW7pP2PLk
The Rouleau Commission is also taking comments from the public. You can learn more about how to send in a public comment by watching my video guide here: youtu.be/XxKR5uD4yqc
If you are interested in supporting our legal fees for our participation in this inquiry or our legal challenge, you can make a tax deductible donation here: theccf.ca/donateCross Examination of OPP Commissioner Tom Carrique by CCF lawyerCanadian Constitution Foundation2022-10-27 | Today, October 27, the Canadian Constitution Foundation cross examined OPP Commissioner Thomas Carrique.
Commissioner Carrique’s role involves providing for policing services from OPP to municipalities without their own municipal forces, or providing OPP forces under contract, as well as providing traffic control and specialized services from the OPP as directed by the Ontario Solicitor General or Crown Attorney.
In his role, Commissioner Carrique is responsible for OPP public order policing for areas where the OPP has policing jurisdiction, and they can also provide these services as requested.
In this clip, CCF lawyer Sujit Choudhry cross examines Commissioner Carrique.