UNJUSTIFIED — So much for message discipline and carefully crafted policy announcements. Oh, how quickly a federal court ruling derailed JUSTIN TRUDEAU's Montreal Cabinet retreat, empowered outspoken civil rights groups, supercharged a Conservative opposition that lay in wait, and reminded the country that Covid-era rights fights are not yesterday's conversation. They are today's problem, thanks to a judicial review that landed midday on a Tuesday. — What the government wanted to talk about: As Tuesday's Cabinet retreat was getting underway, the PM's office issued a pre-emptive release touting its accomplishments. The release reiterated the retreat's priorities: accelerated homebuilding, a national summit on auto theft, new rules to curb an influx of international students, and a renewed focus on Canada-U.S. relations at the start of a turbulent year. Tuesday was supposed to spotlight Trade Minister MARY NG and Industry Minister FRANÇOIS-PHILIPPE CHAMPAGNE, newly tapped as co-leads on the America file. (They did eventually speak to reporters. More on that later in Playbook.) — Wait, there’s more: The release also touted national progress toward cheaper child care, that "Grocery Rebate" meant to help cash-strapped Canadians, and a dedicated savings account for first-time home buyers. It was a greatest hits of post-Covid affordability measures. Armed with those talking points, Cabinet will meet caucus for a separate retreat in Ottawa this week — and then take on the opposition when the House resumes on Monday. — What the government was forced to talk about: Damage control. Justice RICHARD MOSLEY released four decisions on the government's decision to invoke the Emergencies Act to quell a weeks-long trucker occupation of downtown Ottawa in the winter of 2022. Mosley ruled parts of the government's invocation infringed Charter rights of free expression and security against unreasonable search or seizure. — The legalese: “The decision to issue the Proclamation [of the act] does not bear the hallmarks of reasonableness — justification, transparency and intelligibility — and was not justified." — Credit where it's due: Mosley tipped his cap to a pair of parties to the case. He said his preliminary view was that the government's actions were justified. Along came the Canadian Civil Liberties Association and the Canadian Constitution Foundation. "This case may not have turned out the way it has without their involvement," he wrote. — When Ottawa found out: Every party to the case received notice on Monday that a ruling was imminent. A CCLA spokesperson told Playbook the court clerk only offered a broad window for Tuesday's publication. The decision dropped near midday. Just after 1 p.m., three ministers faced reporters: Deputy PM CHRYSTIA FREELAND, Justice Minister ARIF VIRANI and Public Safety Minister DOMINIC LEBLANC. The government plans to appeal the decision, Freeland said. “Bring it on,” the CCF's CHRISTINE VAN GEYN said in response. → Freeland on invoking the Act: "We took these decisions with a heavy heart. This was not a situation we wanted to find ourselves in and these were not actions we took with any satisfaction or relish." → LeBlanc on making calls: "I spoke to premiers from British Columbia to Nova Scotia about risks to their community safety. We saw border crossings and the damage to the Canadian economy, thousands of jobs put at risk. We spoke with the premier of Ontario and the government of Ontario that supported the invocation of the Emergencies Act two years ago. I think that's an important moment " → Virani on the basis for appeal: "A member of the court of appeal, Justice ROULEAU, conducted a very public comprehensive and transparent investigation into the reasonableness of the government's decision. That decision stands at odds with the decision that was rendered today." — Oh, the timing: The ruling dropped almost precisely two years after the first trucker convoys departed for Ottawa. As fate would have it, the first recorded convoy gathered on Jan. 22, 2022 in Prince Rupert, British Columbia. — What a coinkydink: … which happened to be precisely where Tory Leader PIERRE POILIEVRE rallied supporters yesterday and introduced a star candidate: ELLIS ROSS, a provincial politician who hopes to reclaim the teetering NDP stronghold of Skeena-Bulkley Valley for the Conservatives. Cue Poilievre's indignation and fundraising. |
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