Canada’s Emergencies Act Appeal Reaches Supreme Court

The federal government is appealing a lower court ruling that found its use of the Emergencies Act during the 2022 “Freedom Convoy” protests was unreasonable and infringed upon Charter rights. The case will now be heard by the Supreme Court of Canada, marking a pivotal moment in the legal battle over the government’s response to the protests that gridlocked Ottawa and disrupted border crossings.

Background: The Freedom Convoy and the Emergencies Act

In February 2022, the Canadian government invoked the Emergencies Act in response to widespread protests against COVID-19 health restrictions, particularly vaccine mandates for cross-border truckers. These protests, known as the “Freedom Convoy,” involved large trucks and demonstrators blocking streets in downtown Ottawa and key border crossings, including Windsor, Ontario, and Coutts, Alberta [1].

The Emergencies Act, which replaced the War Measures Act in 1988, is intended for use in exceptional circumstances. It allows the government to temporarily enact measures such as regulating public gatherings, designating safe zones, freezing financial assets, and prohibiting support for protesters [2].

Lower Court Rulings

A Federal Court ruling in 2024 initially rejected the government’s use of the Emergencies Act, finding that it violated Charter rights. This decision was upheld by the Federal Court of Appeal in January 2026 [3]. The courts determined that the government lacked a sufficient basis to declare a national emergency, a requirement for invoking the Act. Specifically, the courts found the government did not demonstrate that the events posed a threat to national security or exceeded the capacity of provincial authorities to manage [3].

Government’s Appeal

The federal government is now seeking a review of these decisions by the Supreme Court of Canada. Justice Minister Sean Fraser’s spokesperson, Lola Dandybaeva, stated that Canada has requested leave to appeal to the Supreme Court to review the use of the Emergencies Act during the convoy protests [3]. The government maintains that the measures taken were targeted, proportionate, and consistent with the Canadian Charter of Rights and Freedoms [1].

Civil Liberties Groups Respond

Civil liberties groups are welcoming the opportunity to present their case before the Supreme Court. Howard Sapers, executive director of the Canadian Civil Liberties Association (CCLA), expressed confidence in defending their “historic victory for the rule of law and civil liberties” [3]. The CCLA, along with the Canadian Constitution Foundation and other groups, initially filed the legal challenge against the government’s decision to invoke the Emergencies Act [1].

Key Considerations for the Supreme Court

The Supreme Court’s decision will center on whether the government met the stringent legal threshold required to invoke the Emergencies Act. This includes demonstrating a genuine national emergency that could not be addressed by existing laws or provincial authorities. The Court will similarly consider whether the government’s actions were justified in light of Charter rights to freedom of expression and peaceful assembly [4].

The Public Order Emergency Commission (POEC) previously found the invocation of the Emergencies Act to be reasonable in 2023, creating a divergence in findings that the Supreme Court will demand to address [2].

The government has stated its commitment to having the tools necessary to protect the safety and security of Canadians in the face of threats to public order and national security [1].