Two Canadian rights groups, the Justice Centre for Constitutional Freedoms and Democracy Watch, are backing court challenges to the Trudeau government's eleven-week prorogation of Parliament.
Canadians challenge Prime Minister’s decision to prorogue Parliament: “no reasonable justification” | Justice Centre for Constitutional Freedoms (news release):
January 7, 2025 - "The Justice Centre for Constitutional Freedoms is providing lawyers on an urgent basis to two Canadians, David MacKinnon and Aris Lavranos, seeking a Federal Court declaration that Prime Minister Trudeau’s recent prorogation of Parliament is unreasonable and must be set aside. When Parliament is prorogued, the parliamentary session is terminated, and all parliamentary activity, including work on bills and in committees, immediately stops.
"Among its many grounds arguing that Trudeau’s decision to advise the Governor General to exercise her prerogative power to prorogue Parliament to March 24, 2025, this application argues that the decision to prorogue Parliament was 'incorrect, unreasonable or both' [and] that the Prime Minister’s decision to prorogue 'was not made in furtherance of Parliamentary business or the business of government, but in service of the interests of the LPC [Liberal Party of Canada].'
"At his news conference ... on January 6, 2025, the Prime Minister’s stated justification for the prorogation was (1) to 'reset' Parliament and (2) to permit the Liberal Party of Canada time to select a new party leader. No explanation was provided as to why Parliament could not recess instead. No explanation was provided as to why Members of Parliaments could not immediately exercise their right to vote on a motion of non-confidence in the government. A majority of MPs have now repeatedly promised to do just that, which would trigger an election and provide the needed 'reset' in a democratic and legitimate way.
"No explanation was provided as to why a prorogation of almost three months is needed. No explanation was provided as to why the Liberal Party of Canada ought to be entitled to such a lengthy prorogation simply so it can hold an internal leadership race.
"This Federal Court application includes language taken from a decision of the Supreme Court of the United Kingdom, which ruled in 2019 that then-Prime Minister Boris Johnson had prorogued Parliament unlawfully, as a means of avoiding Parliamentary scrutiny over the government’s 'Brexit' negotiations concerning the departure of the United Kingdom from the European Union.
"The application contends, among other things, that 'in all of the circumstances surrounding it, the [prorogation] has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive, particularly insofar as it relates to Parliament’s ability to deal quickly and decisively with especially pressing issues, such as the situation caused by President-Elect Trump’s stated intention to impose a 25% tariff on all goods entering the United States from Canada.'"
Read more: https://www.jccf.ca/canadians-challenge-prime-ministers-decision-to-prorogue-parliament-no-reasonable-justification/
Democracy Watch litigates against Trudeau government prorogation | Western Standard | Lee Harding:
January 8, 2025 - "Democracy Watch will pursue a court challenge of the request by Prime Minister Trudeau that the Governor General prorogue Parliament. Trudeau announced the prorogation at a press conference the morning of January 6, shortly after Democracy Watch announced it would oppose in court any prorogation if it met certain criteria. On Wednesday morning, Democracy Watch said it would follow through on its court threat, having decided this prorogation is clearly in the Liberal Party’s self-interest, and is happening at a time when the opposition parties are clearly intending to vote non-confidence in the government.
"Democracy Watch’s legal arguments will be based on rulings in its past court cases challenging snap election calls, and the UK Supreme Court’s unanimous 2019 ruling that it was illegal for then-Prime Minister Boris Johnson to prorogue Parliament for no justifiable reason when a majority of MPs wanted Parliament to stay open and operating.
“'While a non-confidence motion was not being debated when the prorogation was requested, and while it is fair to allow a political party to change leaders before an election occurs, the Prime Minister dictating that Parliament must shut down for almost three months to avoid a non-confidence vote in his government that would trigger an election, without consulting any opposition leaders or even Liberal MPs, is fundamentally undemocratic and unjustifiable,' said Duff Conacher, Co-founder of Democracy Watch. 'The Prime Minister had other options and, from all evidence, could have reached an agreement some time ago with one or more opposition parties to have the Liberals hold a party leadership contest while Parliament continued operating,' Conacher insisted."
Read more: https://www.westernstandard.news/news/democracy-watch-litigates-against-trudeau-government-prorogation/60987