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Federal Court Declares Emergencies Act Unreasonable During Protests

1/20/2026

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Summary

Story summary

The Federal Court of Appeal ruled on January 16, 2026, that invoking the Emergencies Act during the 2022 Freedom Convoy protests was unreasonable.
The court upheld a 2024 ruling finding there was no national emergency.
The court also found that the act infringed protesters' Charter rights.
The government continues its review and may appeal to the Supreme Court.

History

Historical Context

The Emergencies Act, enacted in 1988 to replace the War Measures Act, aimed to balance government authority with civil liberties during national crises. Its invocation during the 2022 Freedom Convoy protests marked its first use, leading to a Federal Court ruling in 2024 that deemed the government's actions unreasonable and infringing on protesters' rights, highlighting ongoing tensions between state power and individual freedoms.

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Story summary

The Federal Court of Appeal ruled on January 16, 2026, that invoking the Emergencies Act during the 2022 Freedom Convoy protests was unreasonable.
The court upheld a 2024 ruling finding there was no national emergency.
The court also found that the act infringed protesters' Charter rights.
The government continues its review and may appeal to the Supreme Court.

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