OTTAWA, ON: The Justice Centre for Constitutional Freedoms is disappointed that the Supreme Court of Canada has agreed to hear the federal government’s appeal. The government seeks to overturn rulings that it unlawfully invoked the Emergencies Act against the Freedom Convoy in February 2022.
Lawyers funded by the Justice Centre represented Canadians who challenged the emergency measures, including Edward Cornell and Vincent Gircys, whose bank accounts were frozen.
Today’s decision allows the appeal to proceed. It does not overturn the Federal Court of Appeal’s judgment or determine whether the government acted lawfully.
“Two courts have already found that the federal government exceeded its legal authority,” said John Carpay, President of the Justice Centre. “We are disappointed that Canadians face another stage in this lengthy legal battle, but granting permission to appeal does not vindicate the government’s actions.”
The government invoked the Emergencies Act on February 14, 2022, in response to the Freedom Convoy and related protests. It argued that the protests and blockades amounted to a national emergency that could not be dealt with effectively under existing laws.
On January 23, 2024, Federal Court Justice Richard Mosley ruled that the government’s invocation of the Emergencies Act was unreasonable and beyond the authority Parliament had granted. The Federal Court of Appeal dismissed the government’s appeals on January 16, 2026. It found that the government had not shown reasonable grounds to believe a national emergency existed or that existing laws were insufficient.
The courts also found that the emergency measures unjustifiably infringed Canadians’ freedom of expression and their right to be secure against unreasonable search and seizure under the Canadian Charter of Rights and Freedoms.
The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
