The Federal Court gives a quick hearing in the case against the decision to prorogue the parliament

OTTAWA, AT: The Justice Center 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 (close) Parliament for eleven weeks.

That decision followed remarks by President-elect Trump that he intended to impose 25 percent tariffs on all imports into 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 consequences of that decision on democracy, the rule of law and the ability of Parliament. to respond to “the serious challenge” of President-elect Trump’s foreign policy.

Their application sought 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 plaintiffs’ lawyers filed a request for an expedited hearing in federal court. In their motion for an expedited hearing, the applicants said the Prime Minister’s decision represented intolerable damage to democracy, our parliamentary system and the rule of law at a time when Canada faces a serious threat.

On January 13, the Crown stated that it did not consider the matter urgent and did not agree to an expedited hearing.

However, Chief Justice Paul S. Crampton of the Federal Court granted the request 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 they may deem appropriate for more than two months after President-elect Trump takes office.”

Chief Justice Crampton further stated that the possibility of the Federal Court hearing the applicants’ case after The resumption of parliament would deprive the applicants of access to the courts.

In his conclusion, Chief Justice Crampton decided: “In short, the factors weighing in favor of expediting the processing of the underlying writ include the urgency of the case, the fact that the core relief sought will be moot if the Court’s standard timetables are not abbreviated, and the public interest in having the serious issues raised in the application resolved as soon as possible.”

The hearing on the legal challenge to the decision to prorogue Parliament will take place in Ottawa on February 13 and 14, 2025.

Constitutional lawyer Andre Memauri, co-counsel in the case, stated: “We are very pleased with Chief Justice Crampton’s decision and the Court’s leniency to expedite this very important case 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 preserved this potential outcome in its decision today.”

For media enquiries, please contact [email protected].