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OTTAWA – The Canadian Constitution Foundation (CCF) is pleased that the Federal Court of Appeal today upheld the January 2024 ruling that the Trudeau government unlawfully invoked the Emergencies Act in response to the 2022 Freedom Convoy. The Court affirmed that the government did not satisfy the strict legal threshold required to invoke emergency powers, underscoring that Canadian civil liberties and Charter rights must be respected.

Joanna Baron, Executive Director for the CCF, said that this judgment sends a powerful signal to future governments.

“This decision represents a landmark affirmation of the rule of law and fundamental freedoms in Canada,” said Baron. “Today the Court has made clear that governments cannot weaponize emergency powers against their own citizens. Canadians can now be confident that their right to protest peacefully cannot be overridden at the whim of their leaders.”

Christine Van Geyn, Litigation Director for the CCF, noted that this ruling will have enduring implications for the limits on extraordinary government powers, especially the imposition of financial restrictions that froze the bank accounts of ordinary Canadians.

“This judgment ensures that future governments will think twice before using emergency powers to target Canadians’ personal finances when they voice opposition to policy,” said Van Geyn. “We are pleased the Court has reinforced that the freedoms of everyday Canadians are not negotiable, even in times of political crisis.”

Josh Dehaas, Counsel for the CCF, said he’s pleased that the decision appears to recognize the important safeguards that were built into the Emergencies Act in response to the suspension of civil liberties during the 1970 October Crisis.

“The Emergencies Act was carefully crafted by Parliament to be a measure of last resort, and it should not be used when police are able to clear protests using existing laws,” Dehaas said.

Sujit Choudhry of Circle Barristers, who represented the CCF at the Federal Court and Federal Court of Appeal along with Janani Shanmuganathan of Savards LLP, emphasized the precedential importance of today’s decision.

“The Court has affirmed that the Emergencies Act is not a blank cheque,” said Choudhry. “Parliament imposed real legal thresholds, and the government must meet them with evidence. Today’s decision restores the rule of law to Canada’s most extraordinary powers.”

The CCF will be available to respond to media inquiries and conduct interviews all day.