Court has ruled Emergencies Act during Trucker convoy was unconstitutional

roddermac

Well-known member
Sep 17, 2023
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Froze their bank accounts is new.
People wanting to argue that this time is something special and particularly pernicious is probably the only way it is going to matter electorally.
Like I stated. I'm trying to remember. So refresh my memory about something similar that happened in Canadian history.
 

bver_hunter

Well-known member
Nov 5, 2005
30,042
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Hope The Citizens of Ottawa rightfully get compensated for what they went through for over a month from the unreal behaviour of this FREEDUMB as HELL Convoy!!

Lawsuit against convoy organizers moves forward
Decision pitted Ottawa residents' property rights against protesters' right to use pressure tactics

A $300-million class-action lawsuit filed against Freedom Convoy protesters, donors and organizers on behalf of downtown Ottawa residents and businesses is moving forward after a judge ruled against a motion filed by the defendants.

Superior Court Justice Calum MacLeod heard arguments in December for and against a motion brought under anti-SLAPP (strategic lawsuit against public participation) legislation.

The legislation serves to protect people from vexatious lawsuits filed to silence opponents through legal and financial intimidation. Convoy organizers filed the motion in an attempt to have the lawsuit tossed, arguing it amounted to an attack on freedoms of expression.

Lawyers representing the defendants, who include Tamara Lich and Chris Barber, argued political expression is fundamental to society.

But in his decision released Tuesday, MacLeod sided with residents and businesses by dismissing the motion.

He wrote that the case pitted the rights of individuals to use their property and public streets against the rights of protestors to make their grievances heard by using pressure tactics against the government.

Plaintiffs' case 'meritorious,' judge finds
The defendants argued that because their use of free expression was in the public interest, the plaintiffs did not meet the threshold required to launch a lawsuit.

MacLeod disagreed, writing in his decision that the plaintiffs have a "meritorious case."

"There is evidence that certain plaintiffs were subjected to what they contend to have been extreme amounts of noise, horn honking, incessant diesel fumes and other pollution, blockage of the streets and intimidation. There is evidence that plaintiffs had difficulty accessing their properties and that business was disrupted, reservations cancelled, and revenue negatively impacted," the decision reads.

While recognizing the defendants deny having had a common intention to block streets or pressure government by creating hardship on residents, MacLeod wrote it could still be concluded that disrupting daily life in the city is what organizers and participants were after.

"It cannot be said on the limited evidentiary record available on this motion that any of the potential defences are likely to prevail," the decision says.

Paul Champ, the lawyer who is bringing forward the class action, said in a statement he was "pleased" with the outcome.

"Another attempt by the defendants to derail this litigation has proven unsuccessful," his statement read. "We remain committed to obtaining justice and redress for the people of downtown Ottawa."

Lawyers representing the defendants say they are reviewing the decision and did not have any immediate comment.

 
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Not getting younger

Well-known member
Jun 29, 2022
4,485
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Hope The Citizens of Ottawa rightfully get compensated for what they went through for over a month from the unreal behaviour of this FREEDUMB as HELL Convoy!!

Lawsuit against convoy organizers moves forward
Decision pitted Ottawa residents' property rights against protesters' right to use pressure tactics

A $300-million class-action lawsuit filed against Freedom Convoy protesters, donors and organizers on behalf of downtown Ottawa residents and businesses is moving forward after a judge ruled against a motion filed by the defendants.

Superior Court Justice Calum MacLeod heard arguments in December for and against a motion brought under anti-SLAPP (strategic lawsuit against public participation) legislation.

The legislation serves to protect people from vexatious lawsuits filed to silence opponents through legal and financial intimidation. Convoy organizers filed the motion in an attempt to have the lawsuit tossed, arguing it amounted to an attack on freedoms of expression.

Lawyers representing the defendants, who include Tamara Lich and Chris Barber, argued political expression is fundamental to society.

But in his decision released Tuesday, MacLeod sided with residents and businesses by dismissing the motion.

He wrote that the case pitted the rights of individuals to use their property and public streets against the rights of protestors to make their grievances heard by using pressure tactics against the government.

Plaintiffs' case 'meritorious,' judge finds
The defendants argued that because their use of free expression was in the public interest, the plaintiffs did not meet the threshold required to launch a lawsuit.

MacLeod disagreed, writing in his decision that the plaintiffs have a "meritorious case."

"There is evidence that certain plaintiffs were subjected to what they contend to have been extreme amounts of noise, horn honking, incessant diesel fumes and other pollution, blockage of the streets and intimidation. There is evidence that plaintiffs had difficulty accessing their properties and that business was disrupted, reservations cancelled, and revenue negatively impacted," the decision reads.

While recognizing the defendants deny having had a common intention to block streets or pressure government by creating hardship on residents, MacLeod wrote it could still be concluded that disrupting daily life in the city is what organizers and participants were after.

"It cannot be said on the limited evidentiary record available on this motion that any of the potential defences are likely to prevail," the decision says.

Paul Champ, the lawyer who is bringing forward the class action, said in a statement he was "pleased" with the outcome.

"Another attempt by the defendants to derail this litigation has proven unsuccessful," his statement read. "We remain committed to obtaining justice and redress for the people of downtown Ottawa."

Lawyers representing the defendants say they are reviewing the decision and did not have any immediate comment.

channel changing. Absolutely jack to do with a govt that doesn’t meet the legal threshold to employ its very hand, or using measure that infringe on people rights. Can’t you do better?
 

squeezer

Well-known member
Jan 8, 2010
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Like I stated. I'm trying to remember. So refresh my memory about something similar that happened in Canadian history.
The mistake was unfreezing the accounts. All the yahoos should be living in a cardboard box under a bridge.
 

roddermac

Well-known member
Sep 17, 2023
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channel changing. Absolutely jack to do with a govt that doesn’t meet the legal threshold to employ its very hand, or using measure that infringe on people rights. Can’t you do better?
They're suing the convoy for disrupting businesses but not the government for shutting them down.
 
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bver_hunter

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Nov 5, 2005
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channel changing. Absolutely jack to do with a govt that doesn’t meet the legal threshold to employ its very hand, or using measure that infringe on people rights. Can’t you do better?
Everything to do with why the Govt. had to come to the rescue of these citizens who were practically hostage to these FREEDUMB Convoy dummies for over a month.
Even DOFO was in agreement with the Federal Govt. as he could not cope with these nutcases!!
 
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Not getting younger

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Everything to do with why the Govt. had to come to the rescue of these citizens who were practically hostage to these FREEDUMB Convoy dummies for over a month.
Even DOFO was in agreement with the Federal Govt. as he could not cope with these nutcases!!
Lmao you are seriously triggered.
In plain English. Did the judge care?
You guys are a joke. It’s so bloody straightforward and simple.
 

bver_hunter

Well-known member
Nov 5, 2005
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Lmao you are seriously triggered.
In plain English. Did the judge care?
You guys are a joke. It’s so bloody straightforward and simple.
LMAO, this is not the end of the story. Wait for the appeal to take place.
You right wingers are the biggest joke. Down South when Trump loses most of his Court cases, yet you guys go to his defence.
One lost case by the Liberal Govt. and shit hits the fans with you right wingers.
Wait and see once the appeal gets going, and we also will also see how the Ottawa Citizens fare with their case against these FreeDumb Convoy!!
 

Not getting younger

Well-known member
Jun 29, 2022
4,485
2,410
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LMAO, this is not the end of the story. Wait for the appeal to take place.
You right wingers are the biggest joke. Down South when Trump loses most of his Court cases, yet you guys go to his defence.
One lost case by the Liberal Govt. and shit hits the fans with you right wingers.
Wait and see once the appeal gets going, and we also will also see how the Ottawa Citizens fare with their case against these FreeDumb Convoy!!
Hence you’re a hypocrite. Do you even know the difference between past tense and present? The or some liberals here talk a lot, but don’t walk it. The joke is very much on you guys. As I said in post 3 or 6, I’ll enjoy the popcorn.

Btw lemming I’ve never defended Trump. Can’t stand him. But we know you have trouble with reading and your memory. Don’t we? ( you might to start being a little more concerned about that given your age)

So back to the present, this channel. The Liberal party of Canada that a federal judge…

decided what exactly. ……?
And do you grasp the nature and severity?
 
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Frankfooter

dangling member
Apr 10, 2015
99,259
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Hence you’re a hypocrite. Do you even know the difference between past tense and present? The or some liberals here talk a lot, but don’t walk it. The joke is very much on you guys. As I said in post 3 or 6, I’ll enjoy the popcorn.

Btw lemming I’ve never defended Trump. Can’t stand him. But we know you have trouble with reading and your memory. Don’t we? ( you might to start being a little more concerned about that given your age)

So back to the present, this channel. The Liberal party of Canada that a federal judge…

decided what exactly. ……?
And do you grasp the nature and severity?
Then you better pick a popular guy, a politician their constituents love.
Like PeePee.

(about as popular as the convoy at its peak)



 

Not getting younger

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Jun 29, 2022
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Poor Frank, so many beatings now it’s getting harder to keep track. Btw do you actually go anywhere for knowledge other than Twit…er

back to the present and this channel
Are there any lemmings here that can think rationally and grasp the law and the severity?
 
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Frankfooter

dangling member
Apr 10, 2015
99,259
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Poor Frank, so many beatings now it’s getting harder to keep track. Btw do you actually go anywhere for knowledge other than Twit…er

back to the present and this channel
Are there any lemmings here that can think rationally and grasp the law and the severity?
That's funny.
You think you are doing well here.
Funny.

The health care worker and anti vaxxer defending freedom by backing the most repressive party in Canada.
The guy backing a career politician who has done nothing cuz he hates elites.
The guy who whines about society's ills then backs the people who will make it worse.

You're doing really well.

if you were a heath care public servant you would be pissed at this.
 

roddermac

Well-known member
Sep 17, 2023
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I don't know when the last time foreigners funded truckers to protest about getting health care and tried to force the government to resign.
You got me.
It's because to this day foreigners have never funded truckers to protests illegal mandates and lock downs. No one tried to force the government to resign either. Sorry Mr. Mendicino but Putin didn't organize or fund the convoy like you said on CBC news.
 
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