Justice Paul Rouleau releases his report on the Liberal government’s use of the Emergencies Act, in Ottawa, Friday, Feb.17, 2023. Adrian Wyld/The Canadian Press.


A federal court judicial review remains pending

by Joanna Baron

The Hub

February 21, 2023

Commissioner Paul Rouleau’s report on the federal government’s invocation of a public order emergency is an extraordinary document. It was produced on an exceptionally tight timeline following six weeks of sittings and clocks in at over 2,000 pages, including exhibits.

The nub of the report sees the judge concluding that Cabinet was justified in invoking the Emergencies Act on February 14, 2022: “There was credible and compelling evidence supporting both a subjective and objective reasonable belief in the existence of a public order emergency. The decision to invoke the Act was appropriate.” Its tone is cautious and measured. It is an exercise in pointed diplomacy and balancing, but perhaps wanting for clarity.

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