Supreme Court agrees to hear Ottawa's appeal on the Emergencies Act

The case so far

1. Feb 2022

   Ottawa invokes the Emergencies Act against the convoy protests in Ottawa and at border crossings

2. 2024

   The Federal Court rules the powers were unnecessary

3. Jan 2026

   The Federal Court of Appeal unanimously upholds that ruling

4. Oct 22

   The Supreme Court agrees to hear the federal appeal

The Trudeau government invoked the act in February 2022 to end the convoy protests. Two lower courts have since ruled that it was not justified.

Who challenged the act

• Canadian Civil Liberties Association
• Canadian Constitutional Foundation
• Saskatchewan
• Alberta

Civil liberties groups and two provinces, Saskatchewan and Alberta, brought the challenge against the use of the act.

Ottawa argues it acted reasonably and that the rulings neuter the act. The appeal court found cabinet had no reasonable grounds to believe a national emergency existed.

“Even in times of crisis, no government is above the law.”

— Anaïs Bussières McNicoll, Civil Liberties Association

What's next

No hearing date is set yet. It likely would not happen before next spring, or possibly next fall.