Blog

OTTAWA – The Supreme Court of Canada announced today it will hear the Carney government’s appeal of two court rulings that found the Trudeau government’s invocation of the Emergencies Act against Freedom Convoy protesters unlawful and unconstitutional.

The Canadian Constitution Foundation (CCF) successfully challenged the government’s use of emergency powers against protesters in February 2022, including measures requiring banks to freeze accounts without judicial authorization and restrictions on peaceful protests.

In January 2024, the Federal Court ruled the invocation was unlawful and the measures violated Canadians’ Charter rights. The Federal Court of Appeal upheld that decision in January 2026, finding the government had failed to meet the legal threshold for declaring a national emergency.

The Carney government sought to overturn those rulings by appealing to the Supreme Court of Canada, which agreed to hear the case today.

Christine Van Geyn, Interim Executive Director of the CCF, said the organization is prepared to defend its victories before Canada’s highest court.

“We’ve defeated the federal government twice on this issue and we’re ready to do it again,” said Van Geyn. “The government under Justin Trudeau used emergency measures meant for a genuine crisis to silence political opposition it found inconvenient, and we will fight to ensure this abuse of power is firmly recorded in Canadian history.”

Josh Dehaas, Litigation Director of the CCF, said the case will have lasting implications for the limits of government power in times of public disruption.

“The decisions made in this case will shape how governments respond to dissent for generations,” said Dehaas. “The Supreme Court has an opportunity to draw a firm line that no future government can cross, no matter how intense the political pressure or how frustrated those in power become.”

The CCF is grateful to once again be represented by Sujit Choudhry of Circle Barristers and Janani Shanmuganathan of Savards LLP.