Two N.S. men file unprecedented legal challenge against Trudeau’s request for prorogation

A legal advocacy group is spearheading an unprecedented legal challenge against Prime Minister Justin Trudeau’s request for prorogation. PHOTO BY POSTMEDIA

A groundbreaking legal challenge has been filed against Prime Minister Justin Trudeau’s decision to prorogue Parliament until March 24. The lawsuit, initiated by two Canadian citizens, David Joseph MacKinnon of Amherst and Aris Lavranos of Halifax, and funded by the Justice Centre for Constitutional Freedoms (JCCF), asks the Federal Court to annul Trudeau’s request for prorogation, labeling it as “incorrect and unreasonable.” If successful, the lawsuit could reconvene Parliament as early as January 27, forcing an earlier confidence vote and potentially impacting the Liberal Party leadership race.

Trudeau justified his prorogation request by citing the need for a parliamentary “reset” due to months of procedural deadlock. He also acknowledged his decision to step down as leader to reduce polarization. However, the lawsuit alleges the prorogation was politically motivated, serving Liberal Party interests by delaying a confidence vote and avoiding pressing legislative matters such as U.S. tariff threats.

The JCCF’s case draws parallels to the U.K. Supreme Court’s 2019 decision that blocked Prime Minister Boris Johnson’s prorogation of Parliament during Brexit debates. However, Canadian constitutional experts argue that Trudeau’s prorogation has legal justification. University of Ottawa law professor Paul Daly noted that recent parliamentary votes demonstrate Trudeau’s retained confidence, and procedural deadlock supports his case for a reset.

For the lawsuit to have an impact, the Federal Court must agree to hear the case on an expedited basis.