TORONTO — The federal government is seeking to have the Supreme Court of Canada review its use of the Emergencies Act during the 2022 convoy protests, following a series of court rulings that found the decision unjustified.The Federal Court of Appeal recently dismissed Ottawa’s attempt to overturn a lower court ruling that determined former prime minister Justin Trudeau’s invocation of the act was unlawful and violated Charter rights.In a statement, a spokesperson for Justice Minister Sean Fraser said the government remains committed to ensuring it has the necessary tools to respond to threats to public order and national security.The legal challenge was brought forward by several groups, including the Canadian Civil Liberties Association and the Canadian Constitution Foundation. They argued the government did not meet the legal threshold required to declare a public order emergency..In a 2024 decision, Federal Court Justice Richard Mosley ruled the government’s actions lacked sufficient justification, transparency, and clarity. The Federal Court of Appeal upheld that conclusion, stating cabinet did not have reasonable grounds to believe a national security threat existed.The appeal court wrote that while the protests and blockades were disruptive, they did not rise to the level of a threat to national security as defined under the law.The federal government has maintained that the measures taken were targeted, proportional, and temporary, and necessary to address the situation at the time. During earlier appeal arguments, government lawyers said the lower court’s ruling relied on hindsight.The protests, known as the Freedom Convoy, brought parts of downtown Ottawa to a standstill in early 2022 and disrupted several border crossings, including a key trade route in Windsor, Ont. The demonstrations initially began in opposition to vaccine mandates and expanded to include broader grievances with federal policies.Some Ottawa residents and businesses reported significant disruptions, including noise, road blockages, and temporary closures. Protest organizers, however, described the demonstrations as largely peaceful..A number of organizers were later convicted of mischief and received conditional sentences.A separate public inquiry led by Commissioner Paul Rouleau in 2023 reached a different conclusion than the courts, finding the government met the high threshold required to invoke the Emergencies Act. The inquiry cited challenges related to policing and coordination among levels of government.The government’s decision to seek a Supreme Court review has drawn criticism from some opposition members. Conservative MP Marilyn Gladu said the appeal represents an unnecessary use of public funds and reiterated her party’s position that the act was unjustified.The Emergencies Act was invoked on February 14, 2022, granting authorities temporary powers, including the ability to restrict travel, compel services, and freeze financial accounts linked to the protests.
