It’s not Justice Rouleau’s job to say if Ottawa was right to invoke the Emergencies Act
Did the Trudeau government act lawfully when it invoked the Emergencies Act on Feb. 14, 2022? That question dominated the hearings before the Public Order Emergency Commission in the fall. Unsurprisingly, many expect the commissioner – Justice Paul Rouleau – to provide his answer in his report, which must be tabled in Parliament by Feb. 20.
requires a commission of inquiry to be led by a judge; it would have been perfectly legal for the government to appoint a commissioner who was not even a lawyer. Other provisions of the Emergencies Act Two civil liberties groups have already commenced judicial review proceedings against the government. If Justice Rouleau addressed the legal question at the heart of these judicial reviews, he would preempt consideration of that question by the court to which Parliament assigned the exclusive jurisdiction to decide it.
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