Canadian Court Rejects 2022 Emergencies Act Declaration as Unreasonable

The Federal Court of Appeal of Canada ruled on Friday that the federal government’s invocation of the Emergencies Act in 2022 was “unreasonable” and exceeded its legal authority. This landmark decision reaffirms a previous ruling from 2024 by Justice Richard Mosley, who determined that the criteria for declaring a public order emergency were not satisfied.

In its judgment, the court highlighted that Parliament had deliberately crafted the law with “narrowly defined terms” to limit executive power. This approach was a response to historical abuses linked to the War Measures Act, ensuring that emergency measures remain within the bounds of the Canadian Charter of Rights and Freedoms. The court noted that the government failed to demonstrate “reasonable grounds” to believe that threats to the security of Canada constituted a “national emergency” as defined by the Act. Furthermore, it emphasized that the situation could have been addressed under existing Canadian laws.

The panel of three judges also upheld significant findings regarding the Charter. They concluded that the Emergency Measures Regulations infringed upon the constitutional protection for freedom of expression, specifically by criminalizing certain protests. This infringement was not justified under section 1 of the Charter. Additionally, the court found that the emergency economic measures, which included provisions for information sharing and account freezing, violated section 8 protections against unreasonable search and seizure, again lacking justification under section 1.

In response to the ruling, the Canadian Civil Liberties Association hailed the decision as a crucial limitation on potential future overreach during emergencies. The association’s director of fundamental freedoms stated, “Legal thresholds do not bend, much less break, in exigent circumstances.”

The controversy originated from the federal government’s declaration of a public order emergency on February 14, 2022, which was issued during the “Freedom Convoy” protests and related disruptions at the border. This marked the first time the Emergencies Act was invoked since its enactment by Parliament in 1988.

The court’s decision not only reflects on the specific case but also sets a precedent regarding the boundaries of governmental authority during emergencies in Canada, reinforcing the importance of constitutional protections in safeguarding civil liberties.