Federal government appeals to Supreme Court on ruling over use of Emergencies Act with Freedom Convoy

Trucks participating in a cross-country convoy protesting measures taken by authorities to curb the spread of COVID-19 are parked on Wellington Street in front of Parliament Hill in Ottawa, on Friday, Jan. 28, 2022. THE CANADIAN PRESS/Justin Tang

OTTAWA — The federal government launched an appeal on Tuesday to the Supreme Court to defend its use of the Emergencies Act, which former prime minister Justin Trudeau invoked in 2022 as a way to shut down the so-called “Freedom Convoy.”

“Canada has sought leave to appeal to the Supreme Court of Canada to review of the use of the Emergencies Act during the convoy protests and blockades that caused serious disruptions across the country,” Lola Dandybaeva, a spokesperson for Justice Minister Sean Fraser, said in a statement to CTV News.

“Our government remains committed to ensuring it has the tools needed to protect the safety and security of Canadians in the face of threats to public order and national security.”

The statement added that it would not provide further comment, as the matter is before the courts.

Lower courts have ruled against the use of the Emergencies Act twice: first in 2024 when a Federal Court found the invocation of the act led to the infringement of constitutional rights, then again this past January when the Federal Court of Appeal declared that the federal government was “unreasonable” in its use.

For three weeks in early 2022, thousands of protesters and large trucks blocked Parliament Hill in part to dissent against COVID-19 health restrictions. Trucks also jammed key border crossings to the United States, including routes at Windsor, Ont., and Coutts, Alta.

The federal government then invoked the Emergencies Act for the first time in its history on Feb. 14, 2022, which allowed for temporary measures, including the designation of secure places, direction to banks to freeze assets and a ban on support for protest participants.

It was the first time the law had been used since it replaced the War Measures Act in 1988.

Tuesday was the deadline for the federal government to appeal its case to the top court.

Conservatives respond

Ontario Conservative MP and civil liberties critic Marilyn Gladu is calling the federal government’s decision to appeal “disappointing.”

“There are far better uses for taxpayer dollars than to pay lawyers to defend their choice to illegally suspend the rights of Canadians,” Gladu said in a statement.

“Conservatives have always maintained that the imposition of the Emergency Measures Act was unjustified and illegal. This appeal is a waste of time and money,” Gladu later added.

With files from The Canadian Press