In a landmark decision with significant implications for Canadian governance, the Federal Court of Appeal has ruled that the federal government's invocation of the Emergencies Act during the 2022 Freedom Convoy protests was illegal. The ruling, delivered on Friday, January 16, 2026, upholds a previous federal court decision from January 2024, solidifying a judicial rebuke of the government's actions.
The Court's Decisive Ruling
The appellate court found that the Justin Trudeau-led Liberal government did not meet the stringent legal threshold required to invoke the extraordinary powers of the Emergencies Act. The act was invoked on February 14, 2022, in response to widespread protests that saw the streets of Ottawa blocked by demonstrators and large trucks, and critical border crossings at Windsor, Ontario, and Coutts, Alberta, obstructed.
Upon invocation, the act enabled temporary but sweeping measures, including:
- Regulating and prohibiting public assemblies.
- Designating secure places.
- Authorizing financial institutions to freeze the assets of individuals involved.
The court concluded that the government's decision lacked reasonableness, affirming the earlier federal judge's finding that it "didn’t bear the hallmarks of reasonableness." This marks a pivotal moment in defining the limits of federal emergency powers.
A Message for Future Governments and Citizens
The ruling was celebrated by civil liberties organizations that had challenged the government's actions. Joanna Baron, Executive Director of the Canadian Constitution Foundation, hailed the judgment as a powerful safeguard for democratic freedoms.
"This decision represents a landmark affirmation of the rule of law and fundamental freedoms in Canada," Baron stated. "Today the Court has made clear that governments cannot weaponize emergency powers against their own citizens. Canadians can now be confident that their right to protest peacefully cannot be overridden at the whim of their leaders."
Echoing this sentiment, John Carpay, President of the Justice Centre for Constitutional Freedoms, described the outcome as a "significant victory." He emphasized that the Emergencies Act was never intended to target peaceful citizens exercising core freedoms.
"Today’s ruling is a significant victory for the rule of law and for the principle that governments are bound by limits, even in moments of political pressure," Carpay said. "Emergency powers must remain truly exceptional, or they cease to be compatible with a free and democratic society."
Lasting Implications and Legal Precedent
This appellate decision cements a critical legal precedent. It sends an unambiguous message to current and future federal administrations about the high bar for suspending normal democratic processes and civil liberties. The court's firm stance reinforces that the Emergencies Act is a tool of last resort, not a convenient mechanism for managing political dissent or civil disobedience, no matter how disruptive.
The ruling closes a major chapter on the legal battles stemming from the 2022 convoy protests, confirming through a higher court that the government overstepped its legal authority. It stands as a definitive judicial interpretation of the 1988 Emergencies Act, ensuring its powers will be scrutinized with extreme rigor in any future crisis.
