Government lawyers argued in court that two “fundamental errors” were made when a judge determined the invocation of the Emergencies Act in response to the 2022 Freedom Convoy protest was unjustified.
The Federal Court of Appeal began a two-day hearing on Feb. 4 on the Liberal government’s appeal of a 2024 decision by Justice Richard Mosley. Lawyer Michael Feder, who represented the government, argued that the justice erred by using his “own findings of fact and law as if he were the first instance decision maker,” while giving less weight to the Governor in Council’s (GIC) justifications for invoking the Emergencies Act in response to the protest….