Supreme Court to hear federal appeal over use of Emergencies Act

The Supreme Court of Canada will hear federal arguments about the government’s legal justification for using the Emergencies Act to quell protests in the national capital and at key border points four years ago.

For about three weeks in January and February 2022, downtown Ottawa was filled with protesters, including many in large trucks that blocked streets around Parliament Hill.

While many of the protesters were demonstrating against COVID-19 health restrictions, the protest attracted some with a variety of grievances against then-prime minister Justin Trudeau and his government.

On Feb. 14, 2022, the government invoked the Emergencies Act, which allowed for temporary measures, including regulation and prohibition of public assemblies, the designation of secure places, direction to banks to freeze assets and a ban on support for protest participants.

The Canadian Civil Liberties Association and others successfully argued in Federal Court that Ottawa lacked sound statutory grounds to usher in the emergency measures.

In January, a three-judge panel of the Federal Court of Appeal unanimously upheld the ruling, prompting the federal government to seek a hearing at the Supreme Court.