An appeals court on Friday ruled that Justin Trudeau acted unreasonably when he invoked the Emergencies Act to end the January 2022 "Freedom Convoy" in Ottawa. The Federal Court of Appeal affirmed an earlier ruling in favour of the Canadian Civil Liberties Association, finding the cabinet lacked "reasonable grounds" to declare a national emergency. The decision contrasts with a separate public inquiry that supported Trudeau's actions, and the federal government may appeal to the Supreme Court.
Court Finds Trudeau Unreasonable for Invoking Emergencies Act to End 2022 "Freedom Convoy"
Protests against Covid-19 vaccine mandates on Parliament Hill in Ottawa, Canada on January 29, 2022 (Alex Kent)(Alex Kent/GETTY IMAGES NORTH AMERICA/Getty Images via AFP)
A Canadian Federal Court of Appeal ruled on Friday that former prime minister Justin Trudeau was unreasonable to invoke the Emergencies Act to dislodge the trucker-led "Freedom Convoy" that occupied downtown Ottawa in January 2022.
What the Court Said
The appeals court affirmed an earlier ruling in favour of the Canadian Civil Liberties Association (CCLA), concluding that Trudeau's cabinet "did not have reasonable grounds to believe that a national emergency existed" and that the decision to use extraordinary powers was "unreasonable." The CCLA had challenged the government's action, arguing it amounted to unjustified government overreach.
Background
The self-described "Freedom Convoy" of truckers converged on Ottawa to protest COVID-19 vaccine mandates, blocking streets and causing sustained disruption for residents and businesses. With negotiations and policing efforts unable to immediately end the occupation, Trudeau invoked the Emergencies Act, granting his government exceptional powers to dismantle the protest, including targeted financial measures.
"It means that the civil liberties and constitutional rights of Canadians will be less likely to be trampled on because of government overreach," said CCLA executive director Howard Sapers.
Actions Enabled By The Emergencies Act
Among other measures, the Act allowed the federal government to assist in dismantling the protest and to freeze bank accounts of key convoy leaders. Supporters of the decision have argued these tools were necessary to restore order; critics say they risked violating civil liberties.
Conflicting Findings
A separate public inquiry, however, ultimately defended Trudeau's decision, citing a breakdown in policing and escalating threats that created an out-of-control situation. The appeals court ruling now places those findings in legal tension with the court's assessment of whether a national emergency actually existed.
The federal government may seek leave to appeal the decision to the Supreme Court of Canada, prolonging a high-profile debate over the limits of emergency powers, civil liberties, and how democracies should respond to prolonged protests.
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