Supreme Court to Hear Appeal of Ruling Against Use of Emergencies Act After Government’s Request

The Supreme Court of Canada has announced that it will hear the federal government’s appeal of rulings against its use of the Emergencies Act, invoked in 2022 in response to the Freedom Convoy protests.

The federal government filed an application for leave to appeal on March 17, arguing that the lower courts erred in their review of its use of the emergency powers. The government invoked the act in February 2022, saying the protests—which began in response to COVID-19 vaccine mandates and other pandemic restrictions—involved threats to Canada’s national security.

Canadian Constitution Foundation (CCF) Interim Executive Director Christine Van Geyn said on X that the organization had “defeated the federal government twice on this issue, and we’re ready to do it again.”

“The government under Justin Trudeau used emergency measures meant for a genuine crisis to silence political opposition it found inconvenient, and we will fight to ensure this abuse of power is firmly recorded in Canadian history,” she said.

The Federal Court ruled in January 2024 that the government’s invocation of the act was unreasonable and “not justified in relation to the relevant factual and legal constraints.” In January 2026, the Federal Court of Appeal unanimously upheld the central findings, prompting the federal government to seek leave to appeal to the Supreme Court.