Government urges Supreme Court to overturn courts' critique of Emergencies Act use
The federal government has asked the Supreme Court of Canada to hear an appeal, arguing lower courts wrongly applied hindsight to its 2022 use of the Emergencies Act during the Freedom Convoy protests.
The Canadian government has submitted a request for the Supreme Court of Canada to consider an appeal, asserting that the Federal Court and the Federal Court of Appeal incorrectly used hindsight in evaluating the 2022 invocation of the Emergencies Act. The Act was triggered on Feb. 14, 2022, after large-scale protests, known as the Freedom Convoy, disrupted downtown Ottawa and key border points at Windsor, Ontario, and Coutts, Alberta.
While a 2023 Public Order Emergency Commission concluded the government satisfied the high legal standard, the lower courts held that the blockades fell short of a national security threat. The government’s brief argues that the courts should have assessed the reasonableness of officials’ decisions based on information available at the time, not on later outcomes. It warns that such “second-guessing” weakens the Act’s effectiveness for future emergencies. The Canadian Civil Liberties Association opposes the appeal, saying the issues have already been settled.
Why it matters
The case could reshape how Canadian courts review emergency powers, affecting future government responses to crises.
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