Federal Court of Appeal Upholds Ruling Against Emergencies Act Use
The Federal Court of Appeal has upheld a ruling that found the Liberal government acted unreasonably when it invoked the Emergencies Act in 2022 to end the Freedom Convoy protests.
The decision was released Friday, rejecting the federal government’s appeal. The court agreed with a 2024 Federal Court finding that the Emergencies Act was not legally justified.
Background: The 2022 Convoy Protests
The Freedom Convoy began in January 2022 as a trucker-led protest in Ottawa against COVID-19 vaccine mandates and other public health measures. Thousands of vehicles blocked streets around Parliament Hill for weeks. Similar demonstrations also blocked key Canada–U.S. border crossings.
On February 14, 2022, the federal government invoked the Emergencies Act for the first time since its enactment in 1988. The law gave authorities new powers, including freezing accounts, designating prohibited areas, and compelling cooperation from tow operators.
Court Ruling: Unreasonable and Unjustified
In 2024, Federal Court Justice Richard Mosley ruled that the circumstances did not meet the high legal threshold for a national emergency. He said the situation could have been handled under existing laws without invoking emergency powers.
The court found that the emergency declaration lacked reasonableness, justification, and transparency under the Emergencies Act. It also said several measures infringed on constitutional rights protected by the Charter of Rights and Freedoms.
Those rights included freedom of expression and protection against unreasonable search or seizure. Critics pointed to the freezing of bank accounts and broad restrictions on peaceful assembly.
The federal government appealed the 2024 decision, arguing the judge used hindsight unfairly. They maintained the actions taken were targeted, proportional, and necessary at the time.
Broader Impact and Reactions
The Appeals Court’s decision ends the government’s legal challenge to that ruling. Legal experts say this sets a clear judicial standard for future Emergencies Act use. Civil liberties groups welcomed the verdict as a defense of democratic freedoms.
The decision keeps the debate alive about how and when governments can use extraordinary powers during national crises.
