Emergencies Act invocation by Trudeau ruled unjustified by appeal court

The Federal Court of Appeal unanimously upheld a 2024 ruling that the 2022 invocation of the Emergencies Act by the Trudeau government was unreasonable and infringed Charter rights; legal experts say the government will probably seek Supreme Court review, with an application due by mid-March.

The Federal Court of Appeal on Friday ruled that the Trudeau government's 2022 declaration of a public order emergency under the Emergencies Act was not legally justified and upheld a Federal Court decision from 2024. The three-judge panel was unanimous in its judgment. The declaration had been made in February 2022 during weeks of trucker protests in Ottawa and elsewhere and temporarily gave the federal government extraordinary powers under the Emergencies Act. Key facts: - The appeal court unanimously found that the earlier Federal Court correctly determined the declaration of a public order emergency was unreasonable. - The court concluded the use of the Emergencies Act infringed Charter protections cited in the challenge, including freedom of expression and protection against unreasonable search or seizure. - Legal experts reported that the federal government will probably seek review by the Supreme Court of Canada, and that an application to the Supreme Court must be filed by mid-March. Summary: The appeal court decision leaves the lower-court ruling intact and emphasizes constitutional concerns raised by the statute's use. The next procedural step reported is a likely application to the Supreme Court, with a mid-March filing deadline; whether the top court will hear the case and the timing of any final ruling remain uncertain.