The Federal Court of Appeal has rejected the federal government’s attempt to overturn a ruling that found the use of the Emergencies Act during the 2022 Freedom Convoy protests was unreasonable and unconstitutional. The decision upholds a January 2024 Federal Court judgment that concluded the legal threshold for invoking the Act had not been met, dealing a blow to Ottawa’s defence of its first-ever use of the legislation.

In the original ruling, Federal Court Justice Richard Mosley determined the circumstances did not constitute a national emergency as defined under the Act and that existing federal and provincial laws were capable of addressing the protests. He further found that several measures introduced under the emergency declaration, including financial restrictions and enhanced enforcement powers, infringed rights protected by the Canadian Charter of Rights and Freedoms. The appeal court agreed, concluding the government’s decision fell outside the range of reasonable outcomes permitted by law.

The judgment reinforces the narrow limits placed on the use of extraordinary federal powers and emphasizes the high legal bar governments must meet before suspending or constraining civil liberties. While a separate public inquiry concluded the government was justified in invoking the Act, the courts have now confirmed that inquiry findings do not replace the statutory and constitutional standards applied by the judiciary.

The ruling also highlights the impact of the emergency measures on individuals connected to the protests. Convoy organizers and supporters, including Chris Barber and Tamara Lich, were among those who experienced frozen bank accounts, restrictions on financial activity and lasting legal consequences following the declaration. The court’s conclusion that the Emergencies Act was unlawfully invoked is likely to factor into ongoing legal proceedings involving those who say they were negatively affected by its use.