Barry W. Bussey, a constitutional lawyer and founder of the First Freedoms Foundation, recently joined our podcast to discuss a growing concern—could the Trudeau Liberals, or whoever leads the party next, use emergency powers to delay the 2025 federal election? Given the government's history of invoking the Emergencies Act to suppress dissent during the Freedom Convoy protests, the question is not far-fetched.
Bussey laid out exactly how such a move could be attempted, the legal justifications Ottawa might use, and the potential consequences for Canadians. He pointed to the Emergencies Act, which allows the government to assume extraordinary powers under specific conditions. The Act outlines four types of emergencies: Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency.
Given the context of Trump’s proposed tariffs on Canadian imports, Bussey argued that the only plausible route for invoking the Emergencies Act would be under the International Emergency category. This section defines an emergency as one that involves Canada and another country and that “arises from acts of intimidation or coercion or the real imminent use of serious force or violence that is so serious as to be a national emergency.”
Bussey examined how the Liberals could legally justify such a move. “You got to ask yourself, okay, whether or not the issue of tariffs could be considered something that is urgent, critical, and can't be handled by existing laws,” he said. Under normal circumstances, economic disputes—including trade wars—are handled through existing trade laws, negotiations, and WTO mechanisms. However, as Bussey pointed out, legal justification didn’t stop the Liberals from using emergency powers in the past.
“The government was able to come up with a—had its lawyers put together a legal brief that said, okay, government, you can go ahead, and here’s the rationale,” he said, referencing the 2022 Freedom Convoy crackdown. That legal rationale remains undisclosed to the public, as the government invoked solicitor-client privilege to prevent its release. This lack of transparency raises concerns that similar behind-the-scenes legal arguments could be crafted to justify invoking the Act again—this time under the pretext of an economic emergency.
Bussey also pointed to the ongoing court battles over the Emergencies Act and how they could influence future government decisions. The Federal Court has already ruled that the government’s use of emergency powers against the Freedom Convoy was unconstitutional. However, he cautioned that each situation is reviewed independently, and a future court might still uphold an emergency declaration based on a different set of facts.
“Given if Justice Mosley’s decision holds up, I think the government will be in a bad way,” he said, referring to the Federal Court’s recent ruling against Trudeau’s use of emergency powers. But he also acknowledged that political emergencies—especially ones involving foreign policy—are unpredictable. “Trump has shown himself to be unpredictable, and he’s shown himself to be determined. If he feels that the only way to deal with Canada is to come down hard, just like he did with Colombia, I think that’s a precedent.”
Bussey raised another critical point—the risk of escalation between Canada and the United States. “Is it conceivable that we could have a really harsh economic, perhaps what would be considered an act of intimidation?” he asked, citing Trump’s recent use of aggressive trade policies against Colombia as an example of how quickly diplomatic disputes can escalate.
In that case, Trump threatened 25% tariffs against Colombia for refusing to accept deported migrants. When the Colombian president initially resisted, Trump escalated, announcing a 50% tariff and the revocation of diplomatic visas. Within hours, Colombia caved. Bussey suggested that Canada could find itself in a similar position, where a trade war spirals into a full-blown political standoff—one that the Liberals might seize upon as justification for emergency measures.
Bussey warned that if Canada were to declare an emergency over Trump’s tariffs, the situation could deteriorate rapidly. “How do you think that’s going to go over with our American cousins on the States side?” he asked. “We’re in a zero-sum game here, and it’s a very dangerous diplomatic thing.”
One of Bussey’s biggest concerns is the economic consequences for working-class Canadians. “The people in the auto industry in Ontario and Quebec are going to lose big time,” he said. “Trump has obviously said, look, we don’t need the cars being made in Canada. I prefer they be made in Detroit.”
He drew parallels to the financial devastation faced by truckers who opposed vaccine mandates during COVID. “Truckers were telling me that they lost their houses. Some of them were having marriage issues because of the finances that they were going through.” If a Trump-Canada trade war erupts, the economic carnage could be even worse.
Bussey also addressed the broader political implications of declaring an economic emergency. “If the government were to invoke the Emergencies Act again, this time centered totally on the relationship with the United States, Canada is not going to fare well,” he said. “We’ve got no ability to stand up to this.”
His final message was clear: Canada’s political class has weakened the country’s economic independence, leaving it vulnerable to external pressure. “We do not even have the ability to be independent anymore,” he said. “We’re totally reliant.”
The Trudeau government’s green energy policies, anti-pipeline laws, and anti-business regulations have crippled Canada’s manufacturing and energy sectors, making it impossible for the country to sustain an economic standoff with the United States. “If you’re going to fight an economic war, you better have the ability to be independent,” he warned. “And I don’t think we’re there.”
If the Liberals attempt to delay the election under emergency powers, it will likely be framed as necessary to protect Canada’s economy from Trump. But as Bussey points out, this economic crisis is one they helped create. And if history is any indication, the real victims won’t be the political elites in Ottawa, but the working-class Canadians struggling to make ends meet.
Barry W. Bussey – Contact & Book Information
Book:
Title: 210° Celsius: 16 Ways the Truckers Ignited Canada for the Long Haul
Amazon Link: Buy on Amazon
First Freedoms Foundation:
Website: FirstFreedoms.ca
Contact Page: Contact Barry & First Freedoms
Facebook: First Freedoms Foundation
Barry W. Bussey Socials:
Twitter/X: @barrywbussey
Facebook: Bussey Ainsworth
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