A legal challenge is advancing in the Federal Court of Appeal over the scope of the prime minister’s authority to prorogue Parliament, raising fundamental questions about the balance of power in Canada’s democracy.The Justice Centre for Constitutional Freedoms confirmed a factum has been filed appealing Chief Justice Paul S. Crampton’s March 6, 2025, decision that dismissed the original judicial review. The case asks the court to determine the limits of a prime minister’s prerogative power and whether the January 6 prorogation of Parliament by former Prime Minister Justin Trudeau fell within those limits.The appellants argue that there must be boundaries on shutting down Canada’s democratically elected legislature. They contend the executive cannot use prorogation to stymie Parliament or undermine its constitutional role as a check on government power..Trudeau’s decision to prorogue the first session of the 44th Parliament until March 24, 2025, drew national attention. Critics called the suspension politically motivated, noting it delayed legislative work on issues including tariffs, and highlighted concerns over executive overreach.Constitutional lawyer Darren Leung said, “The prime minister does not have unlimited power to close Parliament on a whim. He cannot stymie the important constitutional role of Parliament just because it is inconvenient to his personal goals.”Leung added, “It is for Parliament to supervise the executive branch of government, not the other way around.” The Federal Court of Appeal is now tasked with providing guidance on when prorogation is constitutionally appropriate.
