One of the main organizers of the so-called Freedom Convoy is suing the Canadian government for using the Emergencies Act to freeze his bank accounts, arguing that it violated his rights guaranteed by the Charter of Rights and freedoms to protest against measures related to COVID-19.
Chris Barber, owner of a trucking company in southwest Saskatchewan, filed a declaration last week in the Court of King’s Bench in Saskatoon, saying the federal government’s unprecedented decision to invoke the law constituted an abuse of power.
“This disruption has deprived (Barber and his wife) of the ability to conduct basic financial transactions and lead normal lives, resulting in serious inconvenience, hardship, embarrassment, exclusion from modern society and damaged personal and professional relationships,” says the complaint, which also names his wife and her trucking company as plaintiffs.
None of the allegations have been proven in court.
The Government of Canada has not filed a statement of defence. A spokesperson wrote in an email: “We will review the claims to determine next steps.”
Chris Barber and Tamara Lich, from Medicine Hat, Alberta, spearheaded protests against mandatory COVID-19 vaccinations that blocked downtown Ottawa and some border crossings in 2022. man and woman are tried for mischief and other charges; the case has been before an Ottawa court for months.
A few weeks ago, Federal Court Justice Richard Mosley ruled that it was unreasonable for the federal government to use the Emergencies Act to suppress protests.
He pointed out that invoking the law led to a violation of constitutional rights. He specifically cited the federal government’s failure to require that “a certain objective standard be met” before freezing bank accounts, concluding that this violated the Charter’s prohibition against unreasonable searches or seizures.
The government said it would appeal the decision to the Supreme Court of Canada.
Many protesters aboard large trucks arrived in the Canadian capital in January 2022. For approximately three weeks, city residents endured the incessant honking of large trucks, diesel fumes and even inappropriate uses of their properties.
Trucks also blocked border crossings, including the one linking Windsor in Ontario and Detroit in the United States.
On February 14, 2022, Ottawa invoked the Emergencies Act. It authorized temporary measures, including regulation of public meetings and a ban on supporting participants. He also ordered banks to freeze participants’ assets.
This was the first time this law had been used since it replaced the War Measures Act in 1988.
Chris Barber claims all of his personal and business bank accounts were frozen the next day without notice. He couldn’t withdraw cash, deposit money, or use credit cards, and automatic payments were blocked.
One account was frozen for nine days and another was blocked until the following month, indicates the document presented in court.
The invocation of the Emergency Measures Act automatically triggered a federal commission to review the government’s decision. Commissioner Paul Rouleau concluded last year that the federal government was right to use this law.