The Federal Court of Appeal has unanimously upheld a landmark 2024 Federal Court decision declaring that the federal Liberal government’s invocation of the Emergencies Act during the 2022 Freedom Convoy protests was unreasonable, beyond its legal authority, and violated key protections under the Canadian Charter of Rights and Freedoms.
In its January 16, 2026, ruling (2026 FCA 6), the appellate court dismissed the government’s appeal, affirming that the February 14, 2022, declaration of a public order emergency did not meet the strict thresholds set out in the Emergencies Act. The legislation, enacted in 1988 to replace the more draconian War Measures Act, includes narrow definitions to limit executive overreach during national crises. The court found no sufficient evidence of a genuine threat to national security or circumstances that provinces could not handle, as required by the Act.
The ruling stems from challenges brought by civil liberties organizations, including the Canadian Civil Liberties Association (CCLA) and the Canadian Constitution Foundation (CCF), along with affected individuals. These groups argued that the emergency measures—such as account freezes and assembly bans—exceeded federal powers and infringed on fundamental rights, including freedom of expression (Charter section 2(b)) and protection against unreasonable search and seizure (section 8).
The Freedom Convoy protests originated as a trucker-led demonstration against federal COVID-19 vaccine mandates for cross-border transport. The movement expanded into sustained blockades in downtown Ottawa and at border crossings, including Ambassador Bridge in Windsor and Coutts in southern Alberta, disrupting commerce and daily life. While the demonstrations caused significant inconvenience, courts have noted they were largely peaceful and fell short of constituting a national security emergency.
Controversial aspects of the government’s response included the freezing of bank accounts belonging to convoy supporters and participants. This action, enabled under emergency regulations, occurred without prior judicial oversight and affected hundreds of Canadians, some of whom had only made modest donations. Deputy Prime Minister Chrystia Freeland’s involvement drew particular scrutiny; notes from a February 13, 2022, meeting with banking executives, disclosed during the Public Order Emergency Commission inquiry, referenced labeling protesters in ways that invoked terrorist financing rules.
Police operations to clear Ottawa also raised concerns over force. On February 18, 2022, an Indigenous woman from Tyendinaga Mohawk Territory, Candice Sero, who relied on a mobility scooter, was struck and knocked down by a mounted Toronto police officer during an advance on Rideau Street. Video of the incident circulated widely, and though Ontario’s Special Investigations Unit reviewed it and declined to lay charges due to the injury’s severity not warranting prosecution, the event fueled debates about proportionality in handling peaceful gatherings.
The courts rejected the government’s reliance on speculative threats or intelligence assessments that did not substantiate a national emergency. The Public Order Emergency Commission, chaired by Justice Paul Rouleau, had earlier deemed the invocation justified, but both the Federal Court and Court of Appeal disagreed, emphasizing that the Act’s safeguards must be strictly applied to protect democratic norms.
Christine Van Geyn, litigation director at the CCF, highlighted the ruling’s significance in a National Post piece following the decision: “This is an affirmation from the court that these are fundamental freedoms that Canadians have that were violated by the freezing of bank accounts, by the invocation of this act, by the banning of assemblies,” she said. “We’re thrilled with the decision, and we think the court got this right.”
The appellate judgment carries weight in Alberta, where the Coutts blockade prompted RCMP arrests and highlighted tensions over federal intervention in provincial jurisdictions. The ruling serves as a reminder of the limits on emergency powers and the importance of judicial oversight. The federal government has not yet indicated whether it will seek leave to appeal to the Supreme Court of Canada.
