Overview
- Canada filed an application for leave to appeal on March 17, seeking a Supreme Court review of its invocation of the Emergencies Act during the Freedom Convoy.
- The Federal Court in 2024 found the use of the act unlawful and Charter‑infringing, and a unanimous three‑judge Federal Court of Appeal panel in January 2026 upheld that ruling.
- The appeal court said the Ottawa protests were disturbing and disruptive but did not meet the legal threshold for a national emergency or a threat to national security.
- In its filing, the government argues courts should have asked whether cabinet acted reasonably in finding reasonable grounds that a public order emergency existed.
- The 1988 law was used for the first time on Feb. 14, 2022, enabling temporary measures such as limits on assemblies, designation of secure areas, and bank asset freezes, and the Supreme Court must now decide whether to hear the case.