Government seeks to overturn rulings that deemed convoy-era measures unlawful and unconstitutional.
OTTAWA — The federal government is seeking to reverse two lower-court decisions that found its 2022 invocation of the Emergencies Act during the Freedom Convoy protests to be unlawful, unreasonable, and a violation of core Charter rights by filing an application for leave to appeal with the Supreme Court of Canada.
In January 2026, the Federal Court of Appeal upheld the 2024 Federal Court ruling, finding that the government lacked reasonable grounds to declare a national emergency under the Emergencies Act. Additionally, the court found that no credible basis existed for believing there was a "threat to the security of Canada" pursuant to the applicable CSIS Act definition. The courts ruled the invocation was outside the government’s legal authority, and measures such as warrantless bank account freezes and prohibitions on peaceful assembly violated protection against unreasonable search and seizure and free speech rights, respectively, under the Charter.
Despite two consecutive losses, the federal government, on the last permissible day, filed its application with the Supreme Court. The government argues the lower courts applied flawed principles and insists the measures were necessary to restore order amid economic and border chaos.
Mark Joseph, litigation director for The Democracy Fund (TDF), responded: "TDF acted for many protesters criminally charged for peacefully protesting during the Freedom Convoy. Both lower courts have now concluded that the government acted unreasonably when it declared a national emergency and that it infringed basic Charter rights by seizing property and banning peaceful protest. We're hopeful that the Supreme Court, should it grant leave, will reach similar conclusions."
The Supreme Court grants leave in only a small fraction of applications. If the Supreme Court reverses the lower court rulings, it could set a dangerous precedent on emergency powers, executive discretion, and Charter limits.
About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.