Federal Court of Appeal decision on use of Emergencies Act expected Friday

OTTAWA — Federal Court of Appeal Chief Justice de Montigny is expected to deliver a decision Friday on the federal government’s use of the Emergencies Act during the 2022 Freedom Convoy protests.

The appeal decision follows a ruling by the Federal Court in 2024 that the invocation of the act in response to the protests was unreasonable, unjustified, and violated Charter rights. Following the decision, then deputy prime minister Chrystia Freeland vowed her government would appeal the ruling.

Former prime minister Justin Trudeau invoked the Act on Feb. 12, 2022, to end the protests against vaccine mandates that had gridlocked Ottawa’s downtown streets for almost a month. The act gave Ottawa the power to compel tow truck companies to co-operate with local police to clear blockades, mark parts of the downtown core as no-go zones and freeze the bank accounts of some protestors.

The Federal Court’s ruling stemmed from legal challenges brought on by Canadian civil liberties organizations, including the Canadian Constitution Foundation (CCF) and the Canadian Civil Liberties Association (CCLA), who argued the federal government went beyond its powers.

While the Federal Court opposed the use of the act, the Public Order Emergency Commission, a public inquiry into the government’s use of emergency powers, ruled the act’s use was justified in 2023.

“The case is one of the most significant for civil liberties in modern Canadian history,” the CCF said in a statement in anticipation of Friday’s decision.

“The outcome of this case will shape how far future governments can go in curtailing peaceful protest and using extraordinary emergency powers, including restrictions on banking, against Canadians.”

The decision is expected at 11 a.m. ET.

More to come.

National Post

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