Canada Appeals Court Ruling on 2022 Emergencies Act Use
The Facts
The Canadian government has begun its appeal of a January 2024 ruling that found its use of the Emergencies Act to end the 2022 "Freedom Convoy" COVID protests in downtown Ottawa was unconstitutional.
Federal Court Justice Richard Mosley determined last year that the regulations, which included freezing bank accounts, prohibiting public assemblies, and towing trucks, violated Charter rights, including free expression and freedom from unlawful search and seizure.
The government's lawyer, Michael Feder, argued that it was unfair for Mosley to reprimand the government through "20/20 hindsight." He claimed the government at the time was dealing with a volatile, progressively worsening situation.
The Spin
Left narrative
Critics may question the Emergencies Act now that everything is settled, but they ignore dangers posed by the Freedom Convoy at the time: pollution, incessant noise, blockades, and intimidation, not to mention border closures. The government was legally justified under the circumstances to address this immediate threat to the public. Even the freezing of bank accounts was legally supported as a measure to prevent further funding of the riotous convoy.
Right narrative
The Trudeau government severely abused its authority by using the Emergencies Act to criminalize protests and freeze bank accounts, actions that were unsurprisingly deemed unconstitutional by the federal court. There was no national emergency, yet Trudeau's draconian measures infringed on Canadians' civil liberties, arresting even peaceful protesters. This misuse of power was a clear violation of the Charter and should be remembered that way.