Federal government files appeal over Emergencies Act court ruling

Published Feb 23, 2024 • 1 minute read

Police move in to clear downtown Ottawa near Parliament Hill the federal government invoked the Emergencies Act in February 2022. Photo by Cole Burston /The Canadian Press

The government has filed to appeal a Federal Court decision that found its invocation of the Emergencies Act in response to the 2022 convoy protests was unjustified.

The government is asking the Federal Court of Appeal to overturn a January decision that found the government’s use of emergency law led to the infringement of constitutional rights.

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The federal Liberals invoked emergency powers in response to thousands of protesters who entrenched themselves in downtown Ottawa for weeks and spinoff protests that blockaded border crossings in other parts of Canada.

The Canadian Civil Liberties Association and others argued in court that the federal government ushered in the emergency measures without sound statutory grounds.

The Federal Court decision, which the Liberals immediately promised to appeal, differed from the conclusion of the Public Order Emergency Commission.

That inquiry found the government met the very high legal standard for using the law.

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