US EditionFederal government appeals Emergencies Act use during convoy protest to Supreme Court
The federal government contests lower courts’ rulings that the 2022 Emergencies Act use was unjustified, arguing the Act was applied under extraordinary circumstances.
- On Tuesday, Ottawa launched a final appeal to the Supreme Court of Canada to defend the 2022 invocation of the Emergencies Act and asked the court to review it.
- In January, the Federal Court of Appeal kept intact a prior ruling against the government, affirming the Feb. 14, 2022 invocation of the Emergencies Act was unreasonable and violated the Charter.
- The federal government argues the lower courts applied the wrong legal review and says the Supreme Court should reconsider the legal test for a public order emergency.
- Judges ruled that the government's step failed the strict legal test, with two earlier judgments finding former prime minister Justin Trudeau and his Liberal government fell short.
- Historically, the Emergencies Act — replacing the War Measures Act in 1988 — was used for the first time in 2022, though Federal Court Justice Richard Mosley found provincial and municipal powers were sufficient.
42 Articles
42 Articles
Feds to appeal use of Emergencies Act during 'Freedom Convoy' at Supreme Court
The government invoked the act to quell protests in the national capital and at key border points — the first time it had been used since replacing the War Measures Act in 1988. In 2024, a Federal Court ruling rejected the use of the emergencies law and found its use of the act breached Charter rights, a ruling reaffirmed in January by the Federal Court of Appeal.
A lower court found the application of the Emergency Measures Act during the VOCID-19 pandemic unconstitutional.
The government had invoked this law to suppress demonstrations within the framework of the "freedom convoy".
Federal government appeals to Supreme Court on ruling over use of Emergencies Act with Freedom Convoy
The federal government launched an appeal on Tuesday to the Supreme Court to defend its use of the Emergencies Act, which Justin Trudeau invoked in 2022 as a way to shut down the so-called 'Freedom Convoy.'
Ottawa Appeals Emergencies Act Ruling to the Supreme Court
The federal government has launched an appeal with the Supreme Court of Canada to defend its use of the Emergencies Act in 2022 in response to the Freedom Convoy. The Federal Court of Appeal rejected in January Ottawa’s appeal against a 2024 lower court decision after finding the lower court had “correctly determined” the declaration of a public order emergency was unreasonable and that parts of the order infringed on Charter rights related to t…
The Hamilton Spectator
Feds appealing use of Emergencies Act during ‘Freedom Convoy’ at Supreme Court
OTTAWA - The federal government is appealing to the Supreme Court a lower court decision that found its use of the Emergencies Act four years ago during "Freedom Convoy" protests was unreasonable and led to the infringement of constitutional rights.
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