(Lethbridge News Now)

By David Opinko (Lethbridge News Now)

Alberta challenging Ottawa’s use of Emergencies Act

May 7, 2022 | 9:21 AM

EDMONTON, AB – The provincial government is taking the federal government to court.

The Federal Court has granted an application by the Government of Alberta, which will allow them to be involved in all issues raised in court regarding the Government of Canada’s use of the Emergencies Act.

Premier Jason Kenney adds that Ottawa’s use of the Act could set a “dangerous precedent.”

“Their decision to invoke the act violated the constitutionally guaranteed rights of Albertans, and all Canadians. It is our duty to do everything we can to protect Albertans’ freedoms and liberties from this kind of breach,” Kenney says. “No government should have the power to seize a person’s property or withhold access to their assets without due process of the law.”

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Prime Minister Justin Trudeau enacted the Emergencies Act on February 14, 2022, in response to the convoy protests in downtown Ottawa and near border crossings in Ontario and Southern Alberta.

It gave police temporary emergency powers to end the illegal blockades and was revoked nine days later.

Alberta Justice Minister Tyler Shandro believes that it was not only a violation of jurisdiction but was also unnecessary.

“This federal government tactic was an unjustified violation of provincial jurisdiction under Canada’s Constitution, especially when the blockades at the Coutts and Windsor borders were effectively resolved without the federal Emergencies Act,” says Shandro.

The decision to utilize the powers under the Emergencies Act was controversial, sparking passionate responses from politicians and others from across the region.

Irfan Sabir, Alberta NDP Justice Critic, says Premier Kenney’s argument underscores the fact he refused to use the tools he says he had.

“For 18 days, he refused to seek a court injunction to disperse it, and refused to use the province’s power to rescind the commercial drivers’ licenses and insurance held by the people illegally blocking a major trade corridor,” Sabir says.

“Not only Jason Kenney did nothing to disperse the blockade, his UCP MLAs actively cheered on and participated in the illegal Coutts blockade, which caused $800 million in damage to Alberta’s economy. The blockade was later raided by the RCMP, who found weapons, ammunition and body armour. Several people are facing criminal charges, including conspiracy to murder police officers. Yet these UCP MLAs have faced no consequences or reprimand for their actions.

“Jason Kenney and the UCP have abandoned the rule of law. Albertans can’t trust the UCP to protect our economy or to confront extremism.”

READ MORE: Southern Alberta MPs voice opposition to Emergencies Act

READ MORE: Trudeau revokes Emergencies Act