A federal appeal court has delivered a significant ruling, declaring that the federal government's decision to invoke the Emergencies Act in early 2022 was unreasonable. The judgment, released on January 16, 2026, marks a pivotal moment in the legal and political assessment of the government's response to the Freedom Convoy protests.
The Court's Rationale and Key Findings
The court determined that the threshold for invoking the Act—a national emergency that cannot be effectively dealt with under any other law of Canada—was not met based on the evidence before the government at the time. The ruling scrutinizes the decision-making process that led to the unprecedented use of the Act, which granted temporary powers to police and financial institutions to disperse blockades and protests in Ottawa and at key border crossings.
The protests, which involved trucks and demonstrators gridlocking downtown Ottawa for weeks in February 2022, were cited by the government as necessitating the extraordinary measures. However, the appeal court found the federal cabinet's conclusion that the situation constituted a national emergency under the law's strict definition was unreasonable.
Context and Immediate Aftermath of the 2022 Invocation
The Emergencies Act was invoked on February 14, 2022, by the federal government, led by Prime Minister Justin Trudeau. It was the first time the modern Act, passed in 1988, had been used. The declaration followed weeks of protests against COVID-19 vaccine mandates and other public health restrictions, which paralyzed parts of the national capital and disrupted critical trade corridors like the Ambassador Bridge in Windsor, Ontario.
The temporary powers under the Act allowed for the designation of no-go zones, the freezing of protesters' bank accounts without a court order, and the compelling of tow truck services to assist in clearing vehicles. The measures were revoked on February 23, 2022, after police cleared the Ottawa occupation.
Legal Repercussions and Next Steps
This appeal court decision is a major development in several ongoing legal challenges against the government's use of the Act. It strengthens the position of civil liberties groups and protesters who argued the move was an unjustified overreach of state power.
The federal government is expected to seek an appeal to the Supreme Court of Canada. A separate public inquiry, the Public Order Emergency Commission, concluded in 2023 that the government's decision to invoke the Act met the "very high threshold" legally required, making this judicial ruling a point of significant legal contention.
The court's emphasis on the reasonableness of the decision, rather than its correctness, focuses on the process and justification used by cabinet. This ruling does not automatically nullify the actions taken under the Act in 2022, but it provides a powerful legal precedent and could influence future governments considering similar extraordinary measures.
