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OTTAWA – The Supreme Court of Canada will announce on Thursday, October 22, whether it will hear the Carney government’s appeal of two court rulings that found the Trudeau government’s invocation of the Emergencies Act against the Freedom Convoy in February 2022 unlawful and unconstitutional.

The Canadian Constitution Foundation (CCF) challenged the unprecedented use of emergency powers against COVID-19 restriction protesters, including measures allowing banks to freeze accounts without judicial authorization.

In January 2024, the Federal Court ruled in the CCF’s favour, finding that the invocation of the Act was unreasonable and that the regulations violated Canadians’ Charter rights to freedom of expression and security against unreasonable search and seizure. The Federal Court of Appeal upheld those findings in January 2026.

On the last possible day in March 2026, the Carney government sought leave to appeal once again to the nation’s highest court.

The government has spent at least $4 million defending its use of the Act.

Christine Van Geyn, Interim Executive Director of the CCF, said the federal government’s refusal to accept defeat makes it all the more important to establish limits on emergency powers.

“The Trudeau government committed one of the most outrageous abuses of power in modern Canadian history, and two courts have now ruled against it,” said Van Geyn. “The Carney government is still trying to justify that abuse, at enormous cost to taxpayers. If this case goes to the Supreme Court, we will fight to ensure no future government can get away with trampling Canadians’ fundamental freedoms under the guise of an emergency.”

If the Supreme Court refuses to hear the appeal, the Federal Court of Appeal’s ruling will stand as the final decision in the case.

The CCF was represented at both levels of court by Sujit Choudhry of Circle Barristers and Janani Shanmuganathan of Savards LLP.