Federal Court of Appeal Rules Trudeau Government Unlawfully Invoked Emergencies Act
Landmark Victory for Canadian Rights and Civil Liberties
In a major win for Canadians and the rule of law, the Federal Court of Appeal has upheld a January 2024 ruling that the Trudeau government unlawfully invoked the Emergencies Act during the 2022 Freedom Convoy protests.
The decision confirms that the federal government failed to meet the strict legal threshold required to justify the use of extraordinary emergency powers — powers that were used to suppress peaceful protest, freeze bank accounts, and violate fundamental Charter rights.
The case was brought forward by the Canadian Constitution Foundation (CCF), which challenged the government’s actions as unconstitutional and disproportionate. The Court’s ruling sends a clear message: emergency powers cannot be used as political weapons against citizens.
A Victory for Peaceful Protest and Civil Liberties
Joanna Baron, Executive Director of the CCF, called the decision a landmark affirmation of Canadians’ freedoms.
“This decision represents a landmark affirmation of the rule of law and fundamental freedoms in Canada,” said Baron. “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.”
The ruling reinforces that peaceful dissent is not a threat to democracy — it is a cornerstone of it.
Financial Punishment Was Unlawful
One of the most controversial aspects of the Emergencies Act invocation was the freezing of Canadians’ bank accounts without due process.
Christine Van Geyn, Litigation Director for the CCF, emphasized the long-term implications of the Court’s findings:
“This judgment ensures that future governments will think twice before using emergency powers to target Canadians’ personal finances when they voice opposition to policy.”
Freezing the assets of ordinary citizens for political participation marked a dangerous precedent — one the Court has now firmly rejected.
Emergencies Act Was Never Meant for Political Crises
Josh Dehaas, Counsel for the CCF, noted that the Act was designed as a last resort, not a tool for managing political dissent.
“The Emergencies Act was carefully crafted by Parliament to be a measure of last resort, and it should not be used when police are able to clear protests using existing laws.”
This ruling restores the original intent of the law — to protect Canadians, not punish them.
Courts Reinforce Limits on Government Power
Sujit Choudhry of Circle Barristers, who represented the CCF, underscored the broader constitutional significance of the decision:
“The Court has affirmed that the Emergencies Act is not a blank cheque. Parliament imposed real legal thresholds, and the government must meet them with evidence.”
In other words: no government is above the law.
Why This Matters for Canadian Families
For CHD Canada, this ruling is about more than politics — it’s about protecting families, medical freedom, informed consent, and the right to question government policies without fear of retaliation.
When governments can silence dissent, freeze finances, and override rights, every Canadian is at risk.
This decision strengthens the legal protections that safeguard:
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Freedom of expression
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Peaceful assembly
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Financial security
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Bodily autonomy
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Informed consent
A Turning Point for Accountability
The Federal Court of Appeal’s ruling represents a turning point for government accountability in Canada. It confirms that Charter rights are not optional — even in times of political pressure.
Canadians deserve transparency, evidence-based governance, and respect for civil liberties — not emergency powers used to silence opposition.
CHD Canada applauds the Canadian Constitution Foundation and the legal teams who stood firm in defense of Canadians’ freedoms.
Source: CCF Press Release
Truckers photo by Naomi McKinney on Unsplash
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