The Trudeau government is going back to the Federal Court of Appeal yet again Tuesday to defend its decision to invoke the Emergencies Act in Feb. 2022.
The government lost itsprevious Federal Court case on the matter.
In his decision issued on January 23, 2024, Justice Richard Mosley ruled in favour of the Canadian Constitution Foundation (CCF) and other public interest litigants, declaring the Trudeau government’s invocation of the Emergencies Act unlawful and unconstitutional.
The CCF appeal emphasized that the legal definition of “threats to the security of Canada” under the Emergencies Act — which aligns with its definition in the CSIS Act — was not met.
Notably, CSIS Director David Vigneault advised the government that the threshold had not been reached. But cabinet proceeded without awaiting an alternative assessment.
In Jan. 2024, Justice Mosley also agreed that no national emergency or threat to Canada’s security existed — both legal prerequisites designed to prevent misuse of the Act.
“The Act was drafted carefully and narrowly, to minimize the federal governments to abuse emergency powers again and requires that the federal government demonstrate that a situation cannot be effectively dealt with under any other law of Canada,” said the CCF in an Oct. 2024 press release.
“Without waiting for an alternative threat assessment that would have gathered any evidence of such a threat,” the press release continued, “the Prime Minister issued the Proclamation, declaring a public order emergency.”
Another key issue in the appeal was the extent of the Prime Minister and cCabinet’s discretion in making such decisions.
The government has argued its authority to invoke the Act is virtually unrestricted, a claim that contradicts both the text and intent of the legislation.
Justice Mosley additionally found that freezing bank accounts violated constitutional protections against unreasonable searches and seizures, while protest restrictions infringed on freedom of expression.
The decision dealt a significant blow to the Trudeau government, which announced its intent to appeal just minutes after the nearly 200-page ruling was released.
