Federal Court of Appeal of Canada

2026 FCA 6

Ottawa defends use of Emergencies Act during convoy protests before Federal Court of Appeal

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On February 14, 2022, the Governor General accepted the Prime Minister's recommendation and issued the Proclamation Declaring a Public Order Emergency following border blockades and a protest convoy in Ottawa. The Federal Court of Appeal ruled on January 16, 2026, that the invocation was unreasonable and ultra vires.

On February 14, 2022, the Governor General accepted the Prime Minister's recommendation and issued the Proclamation Declaring a Public Order Emergency following border blockades and a protest convoy in Ottawa. The Federal Court of Appeal ruled on January 16, 2026, that the invocation was unreasonable and ultra vires.

The Emergencies Act, enacted in 1988 to replace the War Measures Act, authorizes the federal government to take special temporary measures when Canada faces a national emergency. It was invoked for the first time in Canadian history during the 2022 protests.

The Emergencies Act, enacted in 1988 to replace the War Measures Act, authorizes the federal government to take special temporary measures when Canada faces a national emergency. It was invoked for the first time in Canadian history during the 2022 protests.

The Federal Court of Appeal determined that the government did not demonstrate reasonable grounds to believe a threat to national security existed within the meaning of the Act. The court stated existing laws were able to resolve the situation without emergency powers.

The Federal Court of Appeal determined that the government did not demonstrate reasonable grounds to believe a threat to national security existed within the meaning of the Act. The court stated existing laws were able to resolve the situation without emergency powers.

The emergency measures included regulations that criminalized protests at symbolic locations and an Economic Order requiring financial institutions to disclose property without warrants. The court found these infringed Charter rights to freedom of expression and protection against unreasonable search.

Toronto Sun

The emergency measures included regulations that criminalized protests at symbolic locations and an Economic Order requiring financial institutions to disclose property without warrants. The court found these infringed Charter rights to freedom of expression and protection against unreasonable search.

Justice Paul Rouleau's 2023 Public Order Emergency Commission concluded the government met the threshold to invoke the Act, citing failures in policing and federalism. However, Rouleau acknowledged he reached this conclusion with reluctance and said reasonable people could disagree.

Justice Paul Rouleau's 2023 Public Order Emergency Commission concluded the government met the threshold to invoke the Act, citing failures in policing and federalism. However, Rouleau acknowledged he reached this conclusion with reluctance and said reasonable people could disagree.

The Canadian Constitution Foundation and Canadian Civil Liberties Association brought legal challenges against the government's use of emergency powers. Organizations described the ruling as a landmark affirmation that governments cannot weaponize emergency powers against citizens exercising freedoms.

The Canadian Constitution Foundation and Canadian Civil Liberties Association brought legal challenges against the government's use of emergency powers. Organizations described the ruling as a landmark affirmation that governments cannot weaponize emergency powers against citizens exercising freedoms.

Court Rules 2022 Emergencies Act Invocation Unreasonable

Court Rules 2022 Emergencies Act Invocation Unreasonable

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Court Rules 2022 Emergencies Act Invocation Unreasonable

Court Rules 2022 Emergencies Act Invocation Unreasonable

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