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TikTok files legal challenge of federal governmentBԪַs shutdown order

Firm claims shutdown decision BԪַunreasonableBԪַ and BԪַdriven by improper purposesBԪַ
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A TikTok sign on a display at the APEC summit in Lima, Peru on November 15, 2024. THE CANADIAN PRESS/Sean Kilpatrick

TikTok has challenged a Canadian government order to the Chinese video-sharing appBԪַs business operations in the country that was imposed over national security concerns.

The company said Tuesday that it filed an application for a judicial review with the Federal Court in Vancouver on Dec. 5, which seeks to set aside the order for TikTok to wind-up and cease its business in Canada.

The Canadian federal government last month announced it was of TikTok Technology Canada Inc. after a national security review of its Chinese parent company ByteDance Ltd.

The government is not blocking access to the TikTok app, which will continue to be available to Canadians. TikTok said it has 14 million users in Canada, which is about a third of the population. It has offices in Toronto and Vancouver.

The wildly popular platform is owned by ByteDance, a Chinese company that moved its headquarters to Singapore in 2020, but is under increasing pressure in the West. ItBԪַs facing a possible and intensifying scrutiny in Europe over issues including allegedly coordinated by Moscow.

TikTok argues in its court application, which was , that Industry Minister François-Philippe ChampagneBԪַs decision was BԪַunreasonableBԪַ and BԪַdriven by improper purposes.BԪַ It says the order is BԪַgrossly disproportionateBԪַ and the the national security review was BԪַprocedurally unfair.BԪַ

The review was carried out through the Investment Canada Act, which allows the government to investigate foreign investment with potential to harm national security.

Champagne said in a statement at the time that the government was taking action to address BԪַspecific national security risks,BԪַ but did not elaborate. His office said in response to the filling that the governmentBԪַs decision was informed by a BԪַthorough national security review and advice from CanadaBԪַs security and intelligence community.BԪַ

TikTok said Champagne BԪַfailed to engage with TikTok Canada on the purported substance of the concernsBԪַ that led to the order.

It argues the government ordered BԪַmeasures that bear no rational connection to the national security risks it identifiesBԪַ and that the reasons for the order BԪַare unintelligible, fail to reveal a rational chain of analysis and are rife with logical fallacies.BԪַ

The platform says there were BԪַless onerousBԪַ options than shutting down its Canadian business, which it said would eliminate hundreds of jobs, threaten business contracts and BԪַcause the destruction of significant economic opportunities.BԪַ





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