Using Emergencies Act to clear convoy was unreasonable, judge rules

A federal judge has ruled that the federal government’s use of The Emergencies Act during the so-called Freedom Convoy protests that took over downtown Ottawa in 2022 was unreasonable under the law.

In a decision shared by the Canadian Constitution Foundation and Canadian Civil Liberties Association, Federal Court Justice Richard Mosely found that the first-ever use of the emergency legislation that came into effect in 1988 was unjustified and violated the Charter of Rights and Freedoms.

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In his decision, Mosely said invoking the act – which grants the federal government extraordinary powers temporarily in order to respond to a war or other emergency – didn’t show the “hallmarks of reasonableness” and “was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration.”

The act was invoked in its modern form for the first time on Valentine’s Day of 2022, when Prime Minister Justin Trudeau declared a public order emergency related to the truckers and other protesters who had taken over downtown Ottawa, causing significant disruption.

Among other measures, the use of the act gave the federal government the authority to tow and remove the vehicles blockading the streets of the capital, and increased the penalties for violators.

The act also allowed the federal government to order banks to freeze personal accounts of those suspected of violating the regulations, along with insurance coverage for the vehicles involved in the protests.

The emergency declaration was revoked on Feb. 23, 2022.

Two months later, Trudeau appointed Ontario Court of Appeal judge Paul Roleau to lead an inquiry into the use of the act.

Despite criticism of the inquiry from the Conservative Party of Canada, Roleau ruled that the government met the “very high threshold” required to invoke the act.

Responding to the ruling, Chrystia Freeland, Canada’s deputy prime minister, said the government disagrees with Tuesday’s decision and plans to appeal.

– With files from The Canadian Press