Ottawa appeals Emergencies Act use during ‘Freedom Convoy’ to Supreme Court

The federal government is appealing a January ruling from the Federal Court of Appeal that upheld the use of the emergencies law breached Charter rights.

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.

The government invoked the act to quell protests in the national capital and at key border points.

“Canada has sought leave to appeal to the Supreme Court of Canada to review of the use of the Emergencies Act during the convoy protests and blockades that caused serious disruptions across the country,” said Justice Minister Sean Fraser’s spokesperson Lola Dandybaeva.

“Our government remains committed to ensuring it has the tools needed to protect the safety and security of Canadians in the face of threats to public order and national security.”

Dandybaeva said it would not be appropriate to comment further because the matter is before the courts.

In 2024, a federal court ruling rejected the use of the emergencies law and found its use of the act breached Charter rights.

A January ruling from the Federal Court of Appeal affirmed that decision.

The court said the government lacked a basis to declare that the events across Canada posed a threat to national security or amounted to a national emergency — requirements that must be satisfied to invoke the Emergencies Act.