Expedited court hearing granted to challenge Trudeau’s Prorogation of Parliament

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Chief Justice Paul Crampton has granted an expedited hearing in a legal challenge of Prime Minister Justin Trudeau's decision to have the Governor General prorogue Parliament until March 24. 

The January 18 ruling comes in response to concerns that an 11-week parliamentary shutdown could compromise Canada's ability to respond to potential trade threats from U.S. President-elect Donald Trump.

On January 6, Trudeau announced his plan to prorogue Parliament, which suspends all legislative business until March 24. 

This announcement followed Trump's warning that his administration intends to impose a 25% tariff on all imports to the U.S.

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Trump later threatened "economic force" to annex Canada.

Two Nova Scotians David MacKinnon and Aris Lavranos filed a Federal Court challenge on January 7, arguing Trudeau's decision threatens democracy, the rule of law, and Parliament's ability to confront what they called "the grave challenge" of Trump's foreign policy. 

Their application seeks to end the prorogation and allow Parliament to continue to function normally.

In an effort to move quickly, the applicants asked the court on January 9 to expedite the hearing. 

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They argued that an extended suspension of Parliament would create "an intolerable harm" to democracy and Canadian governance, especially during heightened economic and diplomatic tensions with the incoming Trump administration.

Government lawyers replied on January 13 that they did not consider the case urgent and refused to consent to the applicants request for an accelerated process. 

However, Crampton ruled against the government, stating that failing to hear the case quickly would prevent MPs from debating Trump's tariff threat for more than two months.

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"If the underlying Application is not scheduled to be heard on an expedited basis, there will be no opportunity for Canada's elected representatives to debate this serious threat [of 25% tariffs] and take any action that they may consider appropriate for over two months following President-elect Trump's assumption of office," wrote Crampton.

Crampton added that hearing the case after Parliament resumes would "deprive the applicants of access to justice." 

"We are very pleased with Chief Justice Crampton's decision and the Court's indulgence to expedite this very important matter for Canada's democracy at a critical time," said Justice Centre for Constitutional Freedoms lawyer Andre Memauri, co-counsel for MacKinnon and Lavranos.

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"Parliament's ability to oversee the Federal Government is serious and important to all Canadians, and we appreciate that the Court has preserved this potential outcome in its decision today."

The hearing is set for February 13 and 14 in Ottawa. 

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