CANADIAN CONSTITUTION FOUNDATION Applicant v. ATTORNEY GENERAL OF CANADA, 2024 FC 38

Date: 20240123 Docket: T-347-22 Citation: 2024 FC 38 Ottawa, Ontario, January 23, 2024 PRESENT: The Honourable Mr. Justice Mosley BETWEEN: CANADIAN CONSTITUTION FOUNDATION Applicant and ATTORNEY GENERAL OF CANADA Respondent and ATTORNEY GENERAL OF ALBERTA Intervener JUDGMENT UPON an Application for Judicial Review pursuant to

section 18.1 of the Federal Courts Act , RSC 1985, c F-7 ( Federal Courts Act ) in respect of the Proclamation Declaring a Public Order Emergency , SOR/2022-20 ( Proclamation ), made pursuant to s. 17(1) of the Emergencies Act , RSC 1985, c 22 (4th Supp .) (the Act ) and regulations made pursuant to s. 19(1) of the Act : the Emergency Measures Regulations , P.C. 2022-107, SOR/2022-21 ( Regulations ), and the Emergency Economic Measures Order , P.C. 2022-108, SOR/2022-22 ( Order ); AND UPON the motion of the Respondent to strike the application for judicial review on the grounds that it was moot as the Proclamation had been revoked and the associated Regulations and Order had been terminated by operation of law and that the Applicant lacked standing to challenge the Proclamation , Regulations and Order as they were not directly affected by them within the meaning of subsection 18.1(1) of the Federal Courts Act ; AND UPON considering the material filed by the parties and hearing the oral arguments of Counsel at a hearing in the City of Ottawa, Ontario on April 3-5, 2023; AND UPON considering that the wording of subsection 18.1 (1) of the Federal Courts Act is broad enough to encompass applicants when they meet the test for public interest standing; AND UPON determining that while the application is moot, the Court should exercise its discretion to hear it and that the Applicant has satisfied the test to be granted public interest standing; AND UPON determining that the decision to issue the Proclamation and the associated Regulations and Order was unreasonable and ultra vires the Act ; AND UPON determining that the Regulations infringed

section 2(

b) of the Canadian Charter of Rights and Freedoms

Part I of the Constitution Act, 1982 adopted as

Schedule B to the Canada Act 1982, 1982, c 11 (UK) ( Charter ) and that the Order infringed

section 8 of the Charter and that neither infringement was justified under

section 1 of the Charter ; THIS COURT ORDERS that: 1 . The Respondent’s motion for an order striking the application for judicial review is denied and the Court exercises its discretion to determine the matter notwithstanding that it is moot in view of the revocation of the Proclamation and termination of the associated Regulations and Order; 2 . The Applicant is granted public interest standing to bring this application for judicial review; 3 . It is declared that the decision to issue the Proclamation and the associated Regulations and Order was unreasonable and ultra vires the Emergencies Act ; 4 . It is declared that the Regulations infringed

section 2 (

b) of the Charter and declared that the Order infringed

section 8 of the Charter and that neither infringement was justified under

section 1 ; and There is no award of costs. "Richard G. Mosley" Judge FEDERAL COURT

FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-347-22 STYLE OF CAUSE: CANADIAN CONSTITUTION FOUNDATION v ATTORNEY GENERAL OF CANADA AND ATTORNEY GENERAL OF ALBERTA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: April 3-5, 2023 JUDGMENT: MOSLEY J.

DATED: January 23, 2024 APPEARANCES : Sujit Choudhry Janani Shanmuganathan For The Applicant Christopher Rupar John Provart David Aaron Kathleen Kohlman For The Respondent Mandy England Shaheer Meenai FOR THE INTERVENER SOLICITORS OF RECORD : Haki Chambers Global Toronto, Ontario Goddard & Shanmuganathan LLP Toronto, Ontario For The Applicant Attorney General of Canada Ottawa, Ontario For The Respondent Attorney General of Alberta Edmonton, Alberta FOR THE INTERVENER