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Lower courts' reasoning 'neuters' Emergencies Act, government tells Supreme Court
Courts' reasoning 'neuters' Emergencies Act: feds
THE CANADIAN PRESS/Justin Tang
The federal government says the courts engaged in "second-guessing with the benefit of 20/20 hindsight" when they ruled it lacked legal justification to use the Emergencies Act four years ago to quell protests.
Lawyers for the government make the argument in a submission seeking a Supreme Court of Canada hearing of the federal case for invoking the emergencies law to deal with protest actions in the national capital and at key border points.
The top court is slated to rule Thursday on whether to grant the government leave to appeal.
For about three weeks in January and February 2022, downtown Ottawa was filled with protesters, including many in large trucks that blocked streets around Parliament Hill.
While many protesters demonstrated against COVID-19 health restrictions, the "Freedom Convoy" protests also attracted some with a variety of grievances against then-prime minister Justin Trudeau and his government.
Trucks also jammed key border crossings to the United States, including routes at Windsor, Ont., and Coutts, Alta.
On Feb. 14, 2022, the government invoked the Emergencies Act, which allowed for temporary measures, including regulation and prohibition of public assemblies, the designation of secure places, direction to banks to freeze assets, and a ban on support for protest participants.
It was the first time the law had been used since it replaced the War Measures Act in 1988.
In a Feb. 15 letter to premiers, Trudeau said the federal government believed it had reached a point "where there is a national emergency arising from threats to Canada's security.''
The Public Order Emergency Commission, which carried out a mandatory review after the act was used, concluded in early 2023 that the federal government had met the very high legal standard for using the law.
The Trudeau government's move was also scrutinized in Federal Court.
The Canadian Civil Liberties Association and several other groups and individuals argued that Ottawa lacked sound statutory grounds to deploy the emergency measures.
The government said the steps taken to deal with the turmoil were targeted, proportional and time-limited, and complied with the Charter of Rights and Freedoms.
Richard Mosley, the Federal Court judge who heard the case, concluded the decision to invoke the Emergencies Act did not bear the hallmarks of reasonableness — justification, transparency and intelligibility — and was not supported in relation to the relevant factual and legal constraints.
Ultimately, there "was no national emergency justifying the invocation of the Emergencies Act," Mosley said in his January 2024 ruling.
In January of this year, a three-judge panel of the Federal Court of Appeal unanimously affirmed that ruling.
The Court of Appeal said that as disturbing and disruptive as the blockades and the "Freedom Convoy" protests in Ottawa could be, "they fell well short of a threat to national security."
In its written submission requesting a Supreme Court hearing, the government says the Federal Court and the Court of Appeal "applied the wrong principles on judicial review."
The courts should have asked whether — based on the information available at the time — federal officials acted reasonably in concluding a public order emergency existed, the submission says.
"Instead, they asked, with the benefit of hindsight, whether there were reasonable grounds to believe that a public order emergency existed."
In the end, both courts applied their own view of what was reasonable, the government says.
"This non-deferential approach hamstrings governments' ability to respond effectively to future crises, neuters the Act" and conflicts with the Supreme Court's administrative law rulings over the years, the submission says.
"It amounts to second-guessing with the benefit of 20/20 hindsight," the government adds.
"In the end, no one disputes that emergency measures should be a temporary means of last resort. But that does not mean those measures should be available only in the most dire and extreme circumstances."
In its submission to the Supreme Court, the Canadian Civil Liberties Association says the government should be denied leave to appeal because it is attempting to relitigate "the same issues and arguments the Court of Appeal dismissed."
This report by The Canadian Press was first published Oct. 22, 2026.
By Jim Bronskill | Copyright 2026, The Canadian Press. All rights reserved.
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Union issues 72-hour strike notice for Teck copper mine in B.C.
Strike notice issued for Teck copper mine in B.C.
THE CANADIAN PRESS/Darryl Dyck
The union representing some 1,200 workers at a Teck Resources Ltd. copper mine in the British Columbia Interior has served a 72-hour strike notice.
United Steelworkers Local 7619 says the notice follows unsuccessful negotiations to reach a fair collective agreement with the operator of the Highland Valley Copper site near Logan Lake, B.C.
The union says it has raised concerns about Teck's ability to attract and retain skilled workers, particularly in the trades.
It says it put forward proposals to address staffing shortages, improve wages and strengthen pensions to ensure the mine is a competitive employer in B.C.'s growing mining industry.
Teck says it has a contingency plan to maintain safety and environmental management during a possible strike and that it's committed to reaching a "fair and reasonable" collective agreement that supports the operation's viability.
If a negotiated agreement isn't reached, strike action will begin as early as 8 a.m. on Saturday.
The labour dispute comes as Teck and Anglo American PLC work to close their multibillion-dollar merger deal announced last year.
This report by The Canadian Press was first published Oct. 21, 2026.
Companies in this story: (TSX:TECK.A)
Copyright 2026, The Canadian Press. All rights reserved.
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Marando pitches northern investment in leadership bid
He would redirect funding from Highway 413 to northern roads and health care.
Ontario Liberal leadership candidate Dylan Marando says Northern Ontario should receive more health care funding per resident and more highway investment to meet needs he argues Queen’s Park is overlooking.
In an interview with the Miner and News, Marando outlined proposals he would pursue if he became premier, including a northern economic opportunity zone and a dedicated treatment centre in Northwestern Ontario.
The zone would offer lower personal and corporate income taxes, faster project approvals and higher per-capita investment in public services. Its boundaries and the details would be developed with northern communities.
“The north makes a unique economic contribution to our province, and that contribution isn’t always captured by the policy agenda of Queen’s Park.”
Marando said that consultation would include municipal leaders and representatives from the public and private sectors. He suggested communities north of the French River as one possible basis for the zone, rather than a settled boundary.
Northern highways
Marando would seek to twin as much of Highways 69, 11 and 17 as possible, while considering a 2+1 design where engineering challenges, costs or community concerns make twinning less practical.
He did not specify which stretches of Highways 11 and 17 would take priority or when construction would begin.
He said highway expansion would improve safety, access to services and the movement of goods. To help pay for it, he would redirect resources from Highway 413 and the proposed tunnel beneath Highway 401, neither of which he would pursue.
He also said major southern highway investments would wait until meaningful progress had been made on twinning the major northern routes.
“I’d rather start with twinning, twin as much as we can and then have 2+1 as the backup rather than the default.”
Marando acknowledged some communities may favour 2+1 as a faster or more affordable option and said he would be open to that approach where it meets local needs.
Health care and treatment
Marando said northern hospitals and other health care facilities need funding formulas that account for the higher cost of delivering services in northern and rural communities.
He would pair increased funding with provincial support for recruitment incentives and more opportunities to train health care workers through northern colleges and universities.
“Hospitals and other health care facilities in the north should expect an increase in funding.”
He said the workforce challenge extends beyond doctors and nurses to personal support workers, custodial and kitchen staff, clerical workers and other health professionals.
Asked about reliance on agency nurses and other temporary staff, Marando said the Ford government’s staffing and funding approach is hurting hospitals’ ability to recruit and sustain services. He did not outline a specific plan to replace agency staffing.
Marando also opposed the expansion of privately delivered, publicly funded health care and said he wants private, for-profit providers out of long-term care and seniors care.
“I would treat universality and public financing of our health care system as absolute bedrocks.”
According to the province, Ontario’s community surgical and diagnostic centres deliver OHIP-insured services outside hospitals and cannot charge patients for insured services. They may also offer uninsured services.
Marando’s platform calls for publicly funded psychotherapy, counselling, addiction treatment and other evidence-based mental health services under the Ontario Health Insurance Plan.
When asked whether he would support a dedicated treatment centre in Northwestern Ontario, he replied, “The short answer is absolutely.”
He said recruitment incentives and expanded northern training opportunities would help staff a centre, although he did not identify a location, opening date, or budget.
His addiction proposals also include banning online gambling, rather than only its advertising.
Housing and community safety
Marando said addressing homelessness requires more supportive, co-operative, non-profit and public housing, alongside mental health care and addiction treatment.
He would give Ontario municipalities revenue equivalent to one percentage point of the HST, describing it as permanent, predictable funding that would strengthen their ability to respond to local needs.
“There isn’t a neat and tidy answer to the challenge of homelessness.”
Asked about reducing crime beyond expanding jail capacity, Marando said his approach would focus on the opportunities available to young people, including keeping them in school, improving graduation rates and helping them move into post-secondary education and employment.
“Gangs don’t compete with other gangs. Gangs compete with our schools.”
He criticized government advertising promoting expanded jail capacity and said the province should work toward reducing the need for prisons.
Development and affordability
Asked to assess Greg Rickford’s performance as minister of Indigenous affairs and First Nations economic reconciliation, Marando declined to discuss his individual record. He instead criticized the Ford government’s focus on the Ring of Fire and its approach to consultation.
Marando said the province should pursue economic opportunities across the north and allow more time for Ring of Fire development if that is needed to build partnerships with First Nations.
The Ontario government says it has partnership agreements with Aroland, Webequie and Marten Falls First Nations as part of its Ring of Fire infrastructure plans, and describes First Nations as partners in northern development.
Marando said his proposal to speed up approvals would require more resources for consultation and regulatory review, not less.
“The speed that I’m talking about isn’t about cutting corners. It’s about devoting more resources to the consultative process and the regulatory approval process so that we can arrive at genuine partnership faster.”
On affordability, Marando proposes provincial income tax relief for Ontarians under 35 earning under $50,000. Asked what he would offer older residents, he pointed to extending rent controls to all buildings and sales tax relief on necessities such as internet and cellphone service.
He also proposed eliminating provincial corporate income tax for small businesses during their first five years of operation, saying he hopes they would pass some savings on to consumers.
Marando did not provide an overall cost or financing plan for his proposals during the interview. He identified cancelled southern highway projects as a source of funding for northern highway expansion.
The Ontario Liberal Party is scheduled to announce its next leader Nov. 21.
Copyright 2026, Kenora Miner & News. All rights reserved.
Pam Fedack, Local Journalism Initiative Reporter, Kenora Miner & News.
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Une liste des pays les moins stricts aux frontières est sortie et voici le score du Canada
Les restrictions d'entrée sont assez sévères. 👀
La population canadienne est habituellement réputée pour sa gentillesse. On parle même d'une « sur-amabilité » qui nous vaudrait le stéréotype de nous excuser constamment. Qu'il soit vrai ou non, il n'en reste rien que d'être reconnu pour être sympathique n'est pas à plaindre et peut attirer moult expats qui cherchent une nouvelle contrée où s'installer. Le Canada avait d'ailleurs reçu le titre du troisième meilleur pays au monde selon le U.S. News en 2022.
Selon Passeport Index, une plateforme digitale qui évalue les types de passeports de la planète, les pays « les plus accueillants » seraient plutôt ceux qui possèdent le moins de restrictions aux frontières pour les visiter et qui seraient donc considérés comme moins stricts. Il semble que dans cette optique, le Canada est bien loin dans la liste qui comprend 84 positions au total. Pour effectuer le classement, Passeport Index s'est fié au nombre de types de passeports que chaque pays accepte sans visa, avec visa à l'arrivée ou avec eTA (autorisation de voyage requise), et ce, depuis le début de 2023.
En 68e position, le Canada est évalué comme assez sévère dans ses règlements pour entrer au pays. Il est suivi de l'Australie en 79e position, des États-Unis ainsi que l'Irak en 70e et du Mali en 71e. Cela signifie que ce n'est pas tout le monde qui peut passer les frontières et espérer entrer sur le territoire canadien puisque le pays permet à seulement 54 nationalités d'entrer sans visa, avec visa à l'arrivée ou avec eTA.
Parmi les pays « les plus accueillants » notons, entre autres, en première position, le Gabon, la Guinée, l'Éthiopie, l'Angola, le Djibouti, la Bolivie, les Maldives et le Burundi qui ont tou.tes accueilli près de 198 passeports en 2023.
La Corée du Nord, classée comme à éviter absolument selon le Gouvernement du Canada, s'est placée à la toute fin de la liste en 84e position ainsi que l'Afghanistan et le Turkmenistan puisqu'eux aussi n'ont accepté aucune entrée.