Trudeau +
© UnknownCanadian PM Justin Trudeau and cabinet members
If Prime Minister Justin Trudeau thought the legal community was just going to roll over and accept it when he decided to invoke the Emergencies Act without proper justification, he's now been proven wrong.

The PM faces at least two major legal challenges as well as a potential investigation from the federal privacy commissioner — and there could be more to come.

First, there was the announcement from the Canadian Constitution Foundation (CCF) that they would be commencing an urgent application for judicial review at the Federal Court. CCF litigation director Christine Van Geyn explained:
"Trudeau has set a dangerous precedent by invoking the never before used federal Emergencies Act to address the current situation. The high threshold for declaring a public order emergency in the Emergencies Act has not been met. This is illegal and violates the rules of law, and that's why we are challenging the government in court."
The Emergencies Act is done via order in council and such orders can be challenged by federal court, so the court can rule against Trudeau's use of this extraordinary measures.

Interest in the CCF's legal challenge was so great that when it was first announced Thursday afternoon their website crashed.

A similar announcement was made by the Canadian Civil Liberties Association (CCLA) on the same day. They're also seeking a review on the basis that the measures are unconstitutional. (And their website also crashed.)

"You could argue that any kind of protest at any time anywhere constitutes a national emergency," CCLA executive director Noa Mendelsohn Aviv said at a press conference, explaining why the current situation does not justify invoking the Act.

When it comes to the ongoing protest in Ottawa that's clogged several streets, the CCLA believes other measures should be taken to address any concerns with them. Abby Deshman, from the CCLA, commented:
"There are legal remedies available to people who are impacted by these protests. The police have numerous powers they use every day to police protests."
There are those who are taking the Emergencies Act question as a referendum on whether or not you support the freedom convoy. But it shouldn't be that way. The question is whether or not the current measures are right — and expert opinion is saying it isn't.

One other mechanism that's underway is a potential investigation by the privacy commissioner. Conservative MP Michelle Rempel Garner has written to federal privacy commissioner Daniel Therrien to request he probe the various privacy implications of Trudeau's decision.

Rempel Garner, in her letter, points to how the Act will be used to broaden the information banks are compelled to share with the police and also how illegally hacked personal information is being used as part of the government's justification for bringing in the Act.
"I am requesting that you investigate the use of these powers in light of existing privacy laws and the concept of proportionality."
The use of the Act is supposed to abide by the Charter, and Therrien's involvement can serve as a test on potential rights violations.

The thing is, all of this is predicated on whether or not Trudeau keeps it up with the Act. If he withdraws it or if Parliament refuses to stand by and let this happen that's different. In fact, these legal challenges can be considered something as a prod for MPs from all parties to challenge what's going on.

If legal experts aren't going to let this happen without a fight, politicians shouldn't either.