Supreme Court of Canada to Hear Federal Appeal on 2022 Emergencies Act Invocation
The Supreme Court of Canada will review the federal government's legal justification for invoking the Emergencies Act in February 2022 during trucker-led protests in Ottawa. Lower courts previously ruled that the government lacked statutory grounds for the emergency measures.
The Supreme Court of Canada is set to hear arguments from the federal government regarding its legal justification for invoking the Emergencies Act in February 2022. The case centers on the government's response to weeks of demonstrations that disrupted downtown Ottawa and border crossings.
In January and February 2022, protests involving large trucks blocked streets around Parliament Hill in Ottawa for approximately three weeks. Many protesters were demonstrating against COVID-19 health restrictions, while others expressed grievances against then-prime minister Justin Trudeau.
On Feb. 14, 2022, the Canadian government invoked the Emergencies Act. The legislation permitted temporary measures including the regulation and prohibition of public assemblies, the designation of secure places, directions to banks to freeze assets, and a ban on providing support to protest participants.
The Canadian Civil Liberties Association challenged the decision in Federal Court, successfully arguing that Ottawa lacked sound statutory grounds for the emergency measures. A three-judge panel of the Federal Court of Appeal subsequently upheld that ruling unanimously, concluding the government did not have the necessary statutory basis.
Following those decisions, the federal government sought review by the Supreme Court of Canada, which will now determine whether the invocation of the Emergencies Act was legally justified.