The Canadian government is taking its case to the highest court in the country to defend its use of the Emergencies Act in response to the convoy protests that caused major disruptions in the capital city and at border crossings. The Federal Court of Appeal rejected the government’s previous appeal following a lower court ruling that deemed former Prime Minister Justin Trudeau’s activation of the legislation as illegal and a violation of protesters’ rights under the Charter.
A spokesperson for Justice Minister Sean Fraser emphasized the government’s commitment to having the necessary tools to safeguard the safety and security of Canadians when faced with threats to public order and national security. The legal challenge against the government’s decision to invoke the Emergencies Act in 2022, during the Freedom Convoy protests, was spearheaded by the Canadian Civil Liberties Association (CCLA), the Canadian Constitution Foundation, and other organizations.
Despite two court rulings deeming the government’s use of the Emergencies Act as unlawful, the government is seeking a different outcome from the Supreme Court of Canada. The Federal Court’s judgment in 2024, delivered by Justice Richard Mosley, criticized the lack of justification, transparency, and intelligibility in the government’s decision.
The government defended its actions under the Emergencies Act, asserting that the protests posed a security threat and that the measures taken were specific, proportionate, and temporary. However, both the Federal Court and the appeal court found that the government did not have reasonable grounds to believe there was a national security threat that warranted invoking the act.
Commissioner Paul Rouleau led an inquiry into the government’s use of the Emergencies Act and concluded in early 2023 that the federal government met the high threshold required to utilize the legislation due to shortcomings in policing and federal coordination. This conclusion contradicted the rulings of the courts.
Conservative MP Marilyn Gladu criticized the government’s decision to pursue the case further, arguing that taxpayer money should not be spent on defending actions that illegally suspended Canadians’ rights. The protests, originally focused on vaccine mandates, evolved into a broader demonstration with various grievances against Trudeau’s administration.
The invocation of the Emergencies Act on February 14, 2022, granted authorities extraordinary powers to manage the protests, marking the first time the law had been used since replacing the War Measures Act in 1988.
