Ottawa’s Use of Emergencies Act to Clear Convoy Protests Unjustified, Appeal Court Rules

Ottawa’s Use of Emergencies Act to Clear Convoy Protests Unjustified, Appeal Court Rules
Police confront participants of the Freedom Convoy protest after the Emergencies Act was invoked, on Feb. 19, 2022. Scott Olson/Getty Images
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The Federal Court of Appeal has rejected Ottawa’s appeal against a 2024 lower court decision that deemed the government’s use of the Emergencies Act in response to the Freedom Convoy “unreasonable.”

The appellate court’s review of the 2024 Federal Court ruling found that the lower court had “correctly determined” the declaration of a public order emergency was unreasonable, noting in its Jan. 16 ruling that parts of the order infringed paragraph 2(b) and section 8 of the Charter. These sections relate to freedom of expression and protection against unreasonable search and seizure.