Lead organizers of the Freedom Convoy are suing the federal government for using emergency laws to freeze their bank accounts, violating their Charter right to protest COVID-19 mandates.
Chris Barber, who owns a trucking company in southwestern Saskatchewan, filed a petition in Saskatoon’s King’s Bench court last week saying the federal government’s unprecedented move to invoke the law amounts to an abuse of power. insisted.
“This disruption deprived (Mrs. and Mrs. Barber) of their ability to conduct basic financial transactions and live a normal life, resulting in serious inconvenience, hardship, embarrassment, and exclusion from modern society, and resulting in personal and business relationship was damaged,” the claim states. He also names his wife and trucking company as plaintiffs.
None of the allegations have been proven in court.
The federal government has not filed a statement of defense. “We will review the allegations to determine next steps,” a spokesperson said in an email.
Barber and Tamara Ricci, a native of Medicine Hat, Alta., spearheaded protests in 2022 against mandatory COVID-19 vaccinations that caused traffic jams in downtown Ottawa and at major border points.
The two are on trial for mischief and other charges. The case has been pending in an Ottawa court for several months.
Barber’s lawsuit comes weeks after Federal Court Judge Richard Mosley ruled that it was unreasonable for the federal government to use emergency laws to quell protests. Ta.
The judge said invoking the law would amount to a violation of constitutional rights. He specifically cited the federal government’s failure to require “some objective standard to be met” before freezing bank accounts, which he concluded violated the Charter’s prohibition against unreasonable searches and seizures.
The government announced it would appeal the decision to the Supreme Court of Canada.
In January 2022, a large group of protesters in large trucks descended on Canada’s capital. For nearly three weeks, residents endured relentless honking from big rigs and diesel exhaust, as well as hot tubs and bouncy castles.
Trucks also clogged up major border crossings, including routes to the U.S. in Windsor, Ont., and Coutts, Alta.
On February 14, 2022, Ottawa invoked emergency legislation. It authorized temporary measures, including regulating public gatherings and banning assistance to participants. It also instructed banks to freeze participants’ assets.
This is the first time the law has been applied since it replaced the War Measures Law in 1988.
The complaint states that all of Barber’s personal and business bank accounts were frozen the next day without notice. He was unable to withdraw cash, deposit money or use credit cards, and automatic payments were also blocked.
One account was suspended for nine days and the other was blocked until next month, the document said.
Barber did not have access to daily living expenses such as food, fuel and medicine, according to the complaint. He also “suffered and experienced fear and anxiety due to the anticipated loss of income” as his salary, wages and business income payments were sent to a frozen account.
As a result, he missed payments, missed loans and credit card bills, and damaged his credit score, the documents state. Barber continues to be denied business funding and has been told his bank account will be “indefinitely disabled,” according to the complaint.
The federal government claims it froze bank accounts for the “unreasonable purpose of deterring and punishing” protesters who were exercising their fundamental Charter rights.
A separate similar statement of claim against the federal government was also filed in Saskatoon court by Laurie Ms.
The lawsuit alleges that Ms. Miz’s charter rights were violated when her bank account was frozen. Miz, who lives in a municipality south of Saskatoon, previously worked as a branch manager for a financial services company, documents state.
The activation of the emergency law automatically resulted in a federal commission reviewing the government’s decision. Secretary Paul Rouleau concluded last year that the federal government was justified in using the bill.
A proposed class action lawsuit against convoy organizers on behalf of Ottawa residents, workers and business owners is still pending in court.
