A Federal Appeals Court has ruled that the Canadian government's use of the Emergencies Act to end the 2022 Freedom Convoy protests in Canada was unreasonable and violated Charter rights.
January 16, 2026 - 'The Liberal government unreasonably invoked the Emergencies Act to clear the convoy protests that gridlocked the capital city and border points nearly four years ago,' the Federal Court of Appeal ruled on Friday.
"The court dismissed the government's appeal of a 2024 ruling which deemed former prime minister Justin Trudeau's decision to use the legislation [was] unlawful and infringed on protesters' Charter rights.... The Federal Court was initially asked to review the government's deeply divisive proclamation of a public order emergency by the Canadian Civil Liberties Association (CCLA), the Canadian Constitution Foundation and other groups. In that 2024 decision, Federal Court Justice Richard Mosley, since retired, said the government's decision lacked justification, transparency and intelligibility.
"The government appealed. During a hearing last February, its lawyers argued the court downplayed violence with 'hindsight bias on full display.' The government has long argued the protests posed a security threat and the measures it took under the Emergencies Act were targeted, proportional and temporary.
"But the appeal court's decision agreed with Mosley's finding that cabinet did not have reasonable grounds to believe that a threat to national security existed and fell short of the legal threshold needed to invoke the act."
Read more: https://www.cbc.ca/news/politics/convoy-protest-emergencies-act-appeal-9.7046769
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