The Federal Court of Appeal is expected to deliver its ruling Friday morning regarding the Liberal government’s decision to invoke the Emergencies Act in response to the convoy protests that disrupted the capital and border crossings nearly four years ago.
Legal Challenge and Initial Ruling
The appellate court’s decision follows a review of a Federal Court ruling from 2024. That initial decision found the government’s 2022 invocation of the Emergencies Act—a law never before used—to be unreasonable and a violation of protesters’ Charter rights.
Federal Court Justice Richard Mosley, in his 2024 decision, acknowledged the protests represented “an unacceptable breakdown of public order,” but concluded there “was no national emergency justifying the invocation of the Emergencies Act.” Mosley, who has since retired, stated his decision was informed by a more complete record of facts and law than was available to the government at the time of the declaration.
Government Appeal and Arguments
The federal government appealed the Federal Court’s decision. During a hearing in February, government lawyers argued that applying “20/20 hindsight” to criticize their initial decision was unfair. The government maintains the protests posed a security threat and that the measures taken under the Emergencies Act were targeted, proportional, and temporary.
The Nature of the Protests
The protests began largely as opposition to vaccine requirements but quickly expanded to encompass a wider range of grievances directed at former prime minister Justin Trudeau and his government. For weeks, thousands of people, many in trucks, occupied Ottawa, causing disruptions including business closures and complaints about noise and fumes.
Protesters also blockaded key border crossings, including a vital trade route to the United States via Windsor, Ontario. Some protesters brought amenities such as bouncy castles and inflatable hot tubs, arguing their demonstration was largely peaceful.
Conflicting Assessments
The Canadian Security Intelligence Service (CSIS) director David Vigneault testified during the 2022 public inquiry that he supported invoking the Emergencies Act, even while stating the protests did not meet his agency’s definition of a threat to national security. The government also pointed to the seizure of weapons and ammunition in Coutts, Alberta, as justification for its actions.
Mosley, however, found the situation did not meet the legal threshold for invoking the Act, stating, “While these events are all concerning, the record does not support a conclusion that the convoy had created a critical, urgent and temporary situation that was national in scope and could not effectively be dealt with under any other law of Canada.” He also found the economic measures taken infringed on freedom of expression.
Public Inquiry Findings
A public inquiry led by Commissioner Paul Rouleau reached a different conclusion, finding the government did meet the threshold for invoking the Emergencies Act, citing failures in policing and federalism. Rouleau stated that “lawful protest descended into lawlessness, culminating in a national emergency,” though he acknowledged the factual basis for this conclusion was not overwhelming.
Frequently Asked Questions
What is the Emergencies Act?
The Emergencies Act, enacted in 1988, provides the federal government with the power to temporarily override certain laws and take special measures to respond to national emergencies, including public order emergencies.
What did the government do after invoking the Emergencies Act?
The government gave law enforcement extraordinary powers to remove protesters and arrest individuals involved, and authorized the freezing of financial assets connected to the protests.
Did the public inquiry and the Federal Court agree on whether the Emergencies Act was justified?
No. The public inquiry, led by Commissioner Paul Rouleau, concluded the government met the threshold for invoking the Act. However, Federal Court Justice Richard Mosley found the invocation to be unreasonable and a violation of Charter rights.
The Federal Court of Appeal’s decision, expected around 11 a.m. ET, will offer further clarity on this complex legal matter.
How might this ruling shape the future use of emergency powers in Canada?
