The Justice Centre for Constitutional Freedoms (JCCF), along with John MacKinnon and Lisa Lavranos filed a lawsuit on Tuesday seeking to overturn Prime Minister Justin Trudeau’s recent decision to request prorogation of parliament.

The challenge, filed in Federal Court, requests a judicial declaration that Parliament has not been prorogued and challenges the constitutional validity of Trudeau’s decision. The lawsuit cites a landmark 2019 ruling by the UK Supreme Court which put a stop to then Prime Minister Boris Johnson’s attempt to silence parliamentary debate ahead of the Brexit deadline.

Prorogation in Canada is a prerogative act of the Crown governed by constitutional conventions, taken on the advice of the Prime Minister and results in the termination of a session. In such an event, members are released from their parliamentary duties until the next parliamentary session.

The request for prorogation was made by Justin Trudeau after announcing his resignation as the leader of the Liberal Party of Canada on Monday, while his party begins the nomination process to find a new leader. The request for prorogation of the 44th Parliament of Canada was accepted by Governor General Mary Simon. Legal experts note that the lawsuit faces significant hurdles but it will annul the prorogation and result in parliament being reconvened as early as January 27 if the motion succeeds.

The Governor General, as the King’s representative, generally may not decline the Prime Minister’s request for prorogation as any such action may amount to interference against the right of Canadians to govern themselves. Further, in a controversial move in 2008, former conservative prime minister Stephen Harper successfully requested prorogation after the opposition parties announced an agreement to jointly defeat his minority government. Justin Trudeau also prorogued the parliament in 2020 during the WE Charity controversy.

This comes after Democracy Watch called on all political parties to act in the public interest by not calling a prorogation. They also vowed to challenge any request for prorogation if it is in the Liberals’ self-interest and all opposition parties are clearly going to vote no-confidence against the government.

The Federal Court has yet to schedule a hearing for the case and the outcome could have significant implications for the boundaries of executive power in Canada and the role of the judiciary in overseeing constitutional matters. However, at this early stage, the full impact and outcome of the case remain uncertain.