NEWS RELEASE

Federal Court will hear prorogation challenge this week in Ottawa

Recieved: Feb 10, 2025, 2:20 PM

OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that the Federal Court will hear the constitutional challenge to the decision to prorogue Parliament on Thursday and Friday, February 13 and 14, 2025. Lawyers representing David MacKinnon and Aris Lavranos will argue that the decision to prorogue Parliament was unlawful and that the Federal Court ought to determine the proper scope of a Prime Minister's power to advise a Governor General to prorogue Parliament.

The Federal Court will hear this case in the East Room of the Supreme Court of Canada building at 301 Wellington Street, Ottawa, K1A 0J1. The hearing will begin at 9:30 a.m. ET. Please register in advance to view the hearing remotely.

Source: Federal Court Hearings List. See: https://www.fct-cf.gc.ca/en/court-files-and-decisions/hearing-lists

On January 6, 2025, Prime Minister Justin Trudeau announced the decision to advise the Governor General to prorogue the 44th session of Parliament until March 24, 2025. Prorogation is a suspension of all parliamentary activity.

Lawyers funded by the Justice Centre filed a Notice of Application against this decision on behalf of David MacKinnon and Aris Lavranos on January 7, 2025. The applicants seek a declaration from the Federal Court that the decision to advise the Governor General to prorogue Parliament was unlawful and that, therefore, Parliament has not been prorogued.

On January 18, 2025, Chief Justice Paul S. Crampton of the Federal Court recognized the urgent, exceptional and compelling issues raised by this prorogation challenge and granted an expedited hearing.

Lawyers for the applicants submitted a Memorandum of Fact and Law to the Federal Court on February 3, 2025. Lawyers for the respondents submitted a Memorandum of Fact and Law to the Federal Court on February 7, 2025.

Constitutional lawyer Hatim Kheir stated, “As part of our submissions, we invite the court to find that the advice of the Prime Minister to the Governor General to prorogue Parliament was unlawful because it undermined Parliament’s ability to hold government accountable, especially as Canada faces significant challenges from the United States.”

For media inquiries, please contact media@jccf.ca.

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