OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that Chief Justice Paul S. Crampton has granted the applicants’ motion for an expedited hearing in the legal challenge to the Prime Minister’s decision to advise the Governor General of Canada to prorogue Parliament until March 24, 2025.
On January 6, Prime Minister Trudeau announced the decision to advise the Governor General to prorogue (shut down) Parliament for eleven weeks.
This decision followed remarks from President-elect Trump that he intended to impose 25 percent tariffs on all imports to the United States. On January 7, 2025, President-elect Trump further stated that his administration would consider the use of “economic force” to annex Canada.
On January 7, lawyers acting on behalf of Nova Scotians David MacKinnon and Aris Lavranos filed a Federal Court challenge to the decision to prorogue Parliament, citing concerns about the negative impacts of that decision on democracy, the rule of law, and the ability of Parliament to respond to “the grave challenge” of President-elect Trump’s foreign policy.
Their application requested an order setting aside the decision to prorogue Parliament and a declaration that this session of Parliament had not been prorogued.
On January 9, the applicants’ lawyers submitted a motion for an expedited hearing to the Federal Court. In their motion for an expedited hearing, the applicants expressed that the decision of the Prime Minister presented an intolerable harm to democracy, our Parliamentary system, and the rule of law during a time when Canada faces a grave threat.
On January 13, the Crown stated that it did not consider the matter urgent and did not consent to an expedited hearing.
However, Chief Justice Paul S. Crampton of the Federal Court granted the motion for an expedited hearing today, January 18.
In his reasons, Chief Justice Crampton stated, “If the underlying Application is not scheduled to be heard on an expedited basis, there will be no opportunity for Canada’s elected representatives to debate this serious threat [of 25 percent tariffs] and take any action that they may consider appropriate for over two months following President-elect Trump’s assumption of office.”
Chief Justice Crampton further stated that the possibility of the Federal Court hearing the applicants’ case after Parliament resumes would deprive the applicants of access to justice.
In his conclusion, Chief Justice Crampton decided, “In brief, the factors that weigh in favour of expediting the hearing of the underlying Application include the urgency of the matter, the fact that the core relief sought will become moot if the Court’s standard timelines are not abridged, and the public interest in having the serious issues raised in the Application determined as expeditiously as possible.”
The hearing on the legal challenge to the decision to prorogue Parliament will occur in Ottawa on February 13 and 14, 2025.
Constitutional lawyer Andre Memauri, co-counsel on the matter, stated, “We are very pleased with Chief Justice Crampton’s decision and the Court’s indulgence to expedite this very important matter for Canada’s democracy at a critical time.”
Mr. Memauri further concluded, “Parliament’s ability to oversee the Federal Government is serious and important to all Canadians, and we appreciate that the Court has preserved this potential outcome in its decision today.”
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