If Canada’s Top Court Overrules Mosley’s Emergencies Act Decision, Confidence in the Judiciary Will Be Diminished

Commentary The most inspiring aspect of Federal Court judge Richard Mosley’s ruling against the government’s controversial invocation of the Emergencies Act was his admission that advocates for liberty had changed his mind. Now, we’ll have to wait and see whether the chief justice of Canada’s Supreme Court can be similarly swayed, because he’s already made his views on the Freedom Convoy quite clear and is very likely to wind up presiding over an appeal. “At the outset of these proceedings, while I had not reached a decision on any of the four applications, I was leaning to the view the decision to invoke the EA [Emergencies Act] was reasonable,” Justice Mosley wrote in his Jan. 23 ruling declaring the federal government’s use of a law designed to be used only in the case of national emergencies to be “unreasonable” and in violation of a section of the Charter of Rights and Freedoms....