Two Nova Scotia men are appealing a judge’s dismissal of their court challenge of then-prime minister Justin Trudeau’s move to prorogue Parliament earlier this year.
David MacKinnon and Aris Lavranos had asked the Federal Court to declare the suspension of Parliament illegal because there must be a “reasonable justification” for hitting the pause button.
They sought an order setting aside Trudeau’s January decision to advise Gov. Gen. Mary Simon to exercise her power to prorogue Parliament until March 24.
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Federal lawyers argued that Trudeau’s advice to Simon was not subject to review by the courts and that the ultimate decision rests with the voting public.
In a ruling last month, Federal Court Chief Justice Paul Crampton said the courts do have a role to play in reviewing the prime minister’s advice to the Governor General and they should fulfil that role in a way that maintains public confidence in the institutions of government.
He concluded, however, that the applicants failed to demonstrate that Trudeau exceeded limits established by the written Constitution, unwritten constitutional principles or any other legal limits.
MacKinnon and Lavranos recently filed a notice of appeal with the Federal Court of Appeal.
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