OTTAWA — Revelations from the COVID-19 era expose a pattern of federal overreach that violated Canadians’ fundamental rights, with military leaders exploiting the pandemic to test propaganda techniques on the domestic population and the Public Health Agency secretly monitoring the movements of millions — all without meaningful consequences or accountability.
According to a 2021 Ottawa Citizen report on an internal Canadian Forces review by retired Major-General Daniel Gosselin, senior military officials in the Canadian Joint Operations Command (CJOC) viewed the pandemic as a “unique opportunity” to experiment with influence and propaganda methods previously used in Afghanistan. The plan, developed in April 2020 under Lt.-Gen. Mike Rouleau, aimed to “shape” and “exploit” information to prevent civil disobedience and reinforce government public health messaging. Investigations confirmed these activities violated departmental policies, proceeded without federal government or cabinet approval, and were shut down only after exposure raised concerns.
Simultaneously, the Public Health Agency of Canada (PHAC) accessed location data from approximately 33 million mobile devices — covering roughly 87% of the population — to track movements and evaluate compliance with lockdown restrictions. A 2021 National Post article detailed how PHAC obtained cell-tower and other mobility data through a telecommunications contract, describing it as de-identified and aggregated for public health analysis. Privacy advocates criticized the lack of transparency and potential risks of re-identification, though the federal Privacy Commissioner later deemed related complaints not well-founded under existing law.
These surveillance and influence efforts set the stage for further escalation. In February 2022, the federal government invoked the Emergencies Act for the first time to address Freedom Convoy protests and border blockades, granting powers to freeze bank accounts without court orders, restrict assemblies, and expand police authority.
Courts have twice ruled this invocation unconstitutional. In January 2024, Federal Court Justice Richard Mosley found the decision unreasonable, unlawful, and in violation of Charter rights, including freedom of expression (section 2(b)) and protection against unreasonable search and seizure (section 8). The ruling determined the protests did not meet the Act’s strict criteria for a national emergency or security threat.
In January 2026, the Federal Court of Appeal unanimously upheld the decision in 2026 FCA 6, declaring the invocation ultra vires — beyond legal authority — and confirming Charter infringements. The court emphasized that the Emergencies Act’s narrow thresholds exist to prevent executive overreach, and the government failed to demonstrate reasonable grounds for such extraordinary powers when lower levels of government could have handled the situation.
Despite these damning judicial findings — twice branding the government’s actions illegal and rights-violating — no officials have faced punishment, disciplinary measures, or criminal accountability for the military’s unauthorized propaganda tests, the mass mobility tracking, or the unconstitutional Emergencies Act invocation. The federal government has appealed the latest ruling to the Supreme Court of Canada, prolonging the process rather than accepting responsibility.
For many Canadians, this unbroken chain of overreach followed by zero consequences raises a profound question: Do the Canadian Charter of Rights and Freedoms truly protect citizens when violations go unpunished at the highest levels?
