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Supreme Court of Canada to hear federal appeal over use of Emergencies Act in 2022
The appeal follows lower-court rulings that the 2022 emergency declaration lacked legal grounds and violated convoy participants' Charter rights, according to judges.
The Supreme Court of Canada agreed on Thursday to hear the federal government's appeal regarding the 2022 invocation of the Emergencies Act, which lower courts found infringed Charter rights of convoy participants.
Prime Minister Justin Trudeau's Liberal government invoked the act on Feb. 14, 2022, following weeks of gridlock in Ottawa and at the Ambassador Bridge, granting law enforcement extraordinary powers to clear blockades and freeze participant finances.
Federal Court Justice Richard Mosley ruled in 2024 that the government lacked reasonable grounds to invoke the act, a decision the Federal Court of Appeal unanimously upheld in January 2026 for infringing Charter rights.
Commissioner Paul Rouleau, who led a mandatory inquiry, reached a different conclusion, stating the government met the "very high" threshold needed to invoke the act, though he acknowledged doing so with reluctance.
The Supreme Court hearing will determine the legal standard for the government's justification, resolving the conflict between the judiciary's finding of Charter infringement and Rouleau's conclusion that the threshold was met.