Emergencies Act: Finally, a Canadian Court Rules Against Government

Commentary It was refreshing to see a Canadian court rule against the government, for a change. The Federal Court of Canada on Jan. 23 ruled that the use of emergency powers to shut down the peaceful Freedom Convoy protest in Ottawa in February 2022 was unreasonable and “not justified in relation to the relevant factual and legal constraints” required by the Emergencies Act. The decision comes after a spate of Canadian court rulings in 2022 and 2023 that affirmed government violations of Charter rights and freedoms, including the freedoms of expression, religion, conscience, association, mobility, and peaceful assembly. This court ruling in Jost v. Canada (Attorney General) suggests that Justice Richard Mosley was not sympathetic to the truckers or their cause....