Use of Emergencies Act ruled unreasonable by federal judge

A court has ruled that the federal governments decision to invoke the Emergencies Act was unreasonable.

In his ruling Tuesday, Federal Court Justice Richard Mosley said the Liberal government’s decision to issue the proclamation did not bear the hallmarks of “reasonableness, justification, transparency and intelligibility.”

“The move was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration.”

As a result, he says the decision to activate the Emergencies Act led to the infringement of constitutional rights.

The Canadian Civil Liberties Association, alongside several other constitutional watchdog groups and individuals, argued that Ottawa did not meet the necessary requirements to justify its decision.

In February, the Public Order Emergency Commission said the Trudeau government’s implementation of the Emergencies Act was a reasonable response to the prolonged “Freedom Convoy” protests last year.

Mosley said he was initially inclined to agree in part to strong legal counsel on behalf of the federal government.

“My preliminary view of the reasonableness of the decision may have prevailed following
the hearing due to excellent advocacy on the part of counsel for the Attorney General of Canada had I not taken the time to carefully deliberate about the evidence and submissions, particularly those of the CCLA and CCF.”

Deputy Prime Minister Chrystia Freeland said her government has plans to appeal the decision.

“We are aware of the court decision, we have discussed it with the prime minister, cabinet colleagues, with senior federal government officials and experts,” she said during a scrum following the announcement.

“We respect very much Canada’s independent judiciary. However, we do not agree with this decision, and respectfully, we will be appealing it.”

Freedom Convoy and the decision to invoke the Emergencies Act

Back in 2022, a series of protests took place across the country that blockaded Parliament Hill in Ottawa and several other key Trans-Canada arteries both across the country and at the border, namely in Coutts, Alta.

The surge of protest began after several vaccination mandates were put in place for those crossing the border in the wake of the COVID-19 pandemic.

READ MORE: 

• Thousands of truckers and supporters headed to Ottawa to protest against government mandates
• Ottawa ‘under siege’ as protests continue for the ninth day
• Justin Trudeau invokes Emergencies Act to end protests against COVID measures

Prime Minister Justin Trudeau invoked the Emergencies Act in response on Feb. 14.

This marked the first time the act was ever used since its inception in 1988.

The Emergencies Act replaced the War Measures Act and grants the government “special authority to act in times of national emergency to ensure safety and security,” according to

However, each time it is used, a government inquiry is opened by the House of Commons and Senate as a form of

This is a developing story. More to come.