OTTAWA — The Supreme Court of Canada has agreed to hear the Carney government's appeal over Justin Trudeau's use of the Emergencies Act against the Freedom Convoy, giving Ottawa another chance to defend a decision that two federal courts have already ruled unlawful.The decision Thursday means the legal fight over the federal government's handling of the 2022 protests will continue, more than four years after police cleared demonstrators from downtown Ottawa.The Canadian Constitution Foundation, which brought one of the challenges against the government, said it was ready to defend its victories before Canada's highest court.“We challenged Trudeau's illegal use of this law and won at two levels of court,” said Christine Van Geyn, the foundation's litigation director.“We are confident we can win at the Supreme Court too. We are ready to fight against this government overreach and abuse.”The Justice Centre for Constitutional Freedoms, which funded lawyers representing Canadians affected by the emergency measures, expressed disappointment that the case would continue.“Two courts have already found that the federal government exceeded its legal authority,” said Justice Centre president John Carpay.“We are disappointed that Canadians face another stage in this lengthy legal battle, but granting permission to appeal does not vindicate the government's actions.”Among those represented by Justice Centre-funded lawyers were Edward Cornell and Vincent Gircys, whose bank accounts were frozen under the emergency measures..Trudeau invoked the Emergencies Act on February 14, 2022, in response to the Freedom Convoy demonstrations in Ottawa and blockades at Canada-U.S. border crossings.The legislation gave police and financial institutions extraordinary powers, including restrictions on public assemblies and the ability to freeze bank accounts associated with the protests without first obtaining a court order.The Trudeau government argued that the blockades threatened public safety and Canada's economy, and that existing laws were insufficient to deal with the situation.Federal Court Justice Richard Mosley disagreed.In a January 23, 2024, ruling, Mosley found the government's decision unreasonable and beyond the powers granted by Parliament.The Federal Court of Appeal upheld that decision on January 16, 2026, finding that Ottawa had failed to establish reasonable grounds to believe a national emergency existed or that existing laws could not adequately address it.The courts also found that the measures unjustifiably infringed constitutional protections for freedom of expression and against unreasonable search and seizure.The Supreme Court's decision Thursday does not overturn either ruling. It simply allows the federal government's appeal to proceed.Van Geyn welcomed the opportunity to argue the case before the country's highest court.“The Supreme Court of Canada has granted leave to hear the Emergencies Act case and we are ready to fight!” she wrote on social media.“We've got the best arguments and the best lawyers. Buckle up everyone because we're heading to Ottawa!”The case will now put the limits of Ottawa's emergency powers before the Supreme Court, including whether the government met the legal threshold required to invoke the legislation.The Emergencies Act can only be invoked when a national emergency cannot be effectively dealt with under existing Canadian laws.For the Carney government, the appeal represents a final opportunity to overturn two court decisions finding that its Liberal predecessor went beyond those limits.
