Federal Court of Appeal to Rule on Emergencies Act Use in Ottawa Protests

Based on coverage from CBC, Global News, The Globe and Mail, The Toronto Star, The Toronto Star, and National Newswatch.

Federal Court of Appeal Rules on Emergencies Act

The Federal Court of Appeal has ruled that the Trudeau government's invocation of the Emergencies Act during the 2022 "Freedom Convoy" protests was unjustified. This decision upholds a previous ruling by the Federal Court in 2024, which concluded that the government's actions were unreasonable and infringed on the Charter rights of protesters.

Background of the Freedom Convoy Protests

In early 2022, downtown Ottawa became the epicentre of protests against COVID-19 vaccine mandates. Protesters, many driving large trucks, blocked streets around Parliament Hill, causing significant disruption. The protests extended to key border crossings, including Windsor, Ontario, and Coutts, Alberta, impacting trade routes to the United States. The federal government, led by then-Prime Minister Justin Trudeau, invoked the Emergencies Act on February 14, 2022, granting extraordinary powers to law enforcement to clear the blockades and freeze the finances of those involved.

Legal Challenges and Court Decisions

The use of the Emergencies Act was met with legal challenges from groups like the Canadian Civil Liberties Association, which argued that the government's actions lacked a legal basis. In January 2024, Federal Court Justice Richard Mosley ruled that the government's decision did not meet the legal threshold for a national emergency and infringed on constitutional rights. Mosley noted that while the protests were disruptive, they did not constitute a national emergency that could not be managed under existing laws.

Differing Opinions on the Use of the Act

The Public Order Emergency Commission, led by Justice Paul Rouleau, had earlier concluded that the government's use of the Emergencies Act was justified, citing failures in policing and federalism. However, Rouleau admitted his conclusion was reached with reluctance, acknowledging that reasonable people could disagree. The Federal Court of Appeal's recent decision aligns with Mosley's ruling, reinforcing the view that the government's actions were excessive.

Potential Appeal to the Supreme Court

Legal experts suggest that the federal government may appeal the decision to the Supreme Court of Canada. However, given the clear rulings from both the Federal Court and the Court of Appeal, the Supreme Court may choose not to hear the case. An appeal application must be filed by mid-March, with a decision on whether the Supreme Court will hear the case expected later in the year.

The Federal Court of Appeal's decision marks a significant moment in Canadian legal history, questioning the balance between government powers and individual rights during times of crisis.

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