The Lions
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January 31, 2024

After Court Win on Emergencies Act, Challengers Say They’ll Sue Feds and Banks

Several challengers to the Emergencies Act say they’re preparing to sue government officials and financial institutions after the Federal Court’s recent declaration that the invocation of the act was not justified.

Military veteran Eddie Cornell, police veteran Vincent Gircys, and Jeremiah Jost said in a Jan. 29 statement that they will sue “those in government, the financial institutions who froze people’s bank accounts, and the police officers who beat up and injured innocent.”
The move comes after Justice Richard Mosley ruled on their case on Jan. 23 and concluded that “there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires [beyond legal authority].”

The Liberal government invoked the act in February 2022 to clear cross-country protests and border blockades calling for the lifting of COVID-19 restrictions.

Justice Mosley said that measures implemented through the act, such as limiting public gatherings and freezing bank accounts, had respectively breached sections 2 and 8 of the Charter of Rights and Freedoms. Section 2 refers to freedom of expression whereas Section 8 protects against unreasonable searches.

The court found that Mr. Cornell and Mr. Gircys had standing, but rejected the application for review from Mr. Jost, Kristen Nagle of Canadian Frontline Nurses, and Harold Ristau. Mr. Cornell and Mr. Gircys had their financial accounts frozen whereas the others did not.
After the government declared a public order emergency on Feb. 14, 2022, the RCMP provided a list of entities to financial institutions and asked them to freeze their accounts. Banks were also told to use their own risk detection methods to freeze the accounts of other entities involved in the process.
Then-deputy minister of finance Michael Sabia testified at the Public Order Emergency Commission (POEC) in late 2022 that 257 accounts were frozen based on the RCMP list and 23 through the financial institutions’ own determinations.

The men launching the fresh lawsuit say they’re asking “all Canadians who have been affected” by the Emergencies Act invocation to join them. They’ve established The Accountability Project to fundraise for their case.

Their initial statement does not indicate which officials will be sued by the group and whether they are launching a class action lawsuit. Mr. Cornell told The Epoch Times that details are currently being worked on.

Wounded Afghanistan veteran Chris Deering, who testified at POEC having been beaten by police when the Freedom Convoy protest was being cleared in Ottawa, intends to join the lawsuit.

The Liberal government said it would appeal Justice Mosley’s decision. “We respect very much Canada’s independent judiciary,” said Deputy Prime Minister Chrystia Freeland in reaction to the ruling. “However, we do not agree with this decision.”
https://www.theepochtimes.com/world/after-court-win-on-emergencies-act-challengers-say-theyll-sue-feds-and-banks-5577016

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