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Canada Appeals Emergencies Act Ruling to Supreme Court

Published 18 March 2026

OTTAWA — The Canadian federal government has filed an application for leave to appeal to the Supreme Court of Canada, challenging lower court rulings that deemed its 2022 invocation of the Emergencies Act during the Freedom Convoy protests unreasonable and a violation of constitutional rights.

The move, submitted on March 17, 2025, the final day of the deadline, seeks to overturn decisions from the Federal Court and the Federal Court of Appeal. Those courts concluded that the government under then-Prime Minister Justin Trudeau lacked reasonable grounds to declare a national emergency, despite the disruptions caused by the protests in Ottawa and at key border crossings. The Emergencies Act, enacted in 1988 to replace the War Measures Act, permits extraordinary measures such as prohibiting public assemblies, freezing financial assets and directing financial institutions during crises that threaten national security.

The Freedom Convoy protests began in late January 2022, drawing thousands to downtown Ottawa and blockades at border points including Windsor, Ontario, and Coutts, Alberta. Organized primarily against COVID-19 vaccine mandates and related restrictions, the...

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