A constitutional law professor argues the province may have a shaky case
John Whyte, a professor of constitutional law at the University of Regina, said Tuesday he thinks a court may likely not strike down the act because the response could be viewed as reasonable to ensure public order.“This seemed like a serious disruption to civil order, and courts will say to themselves, ‘We’re not really, really good at assessing risk. We’re not really, really good of what would be a rational, responsive regulatory move to curtail this illegal assembly.
“The Government of Saskatchewan shares the position of other provinces that the criteria to enact the federal Emergencies Act has not been met,” the province said in a statement. “Saskatchewan is carefully evaluating the impact of the unilateral invocation of the Emergencies Act, despite the province’s clear opposition to its application in Saskatchewan during consultation.
The province did not provide a cost estimate should it proceed with legal action, though it said the Ministry of Justice would work within its existing budget.“Protecting law-abiding Saskatchewan residents from the continued punitive and arbitrary threats to their freedoms by this federal government is of significant importance,” it said.Alberta Premier Jason Kenney said on the weekend the province may launch a court challenge, calling it an “unnecessary and disproportionate measure.