Parliamentary Committee Notes: Federal Court Ruling on the Invocation of the Emergencies Act and Appeal
DEDC – Federal Court Ruling on the Invocation of the Emergencies Act
Date: February 27, 2024
Classification: Unclassified
Branch / Agency: CPB
Issue: On January 23, 2024 the Federal Court ruled that the invocation of the Emergencies Act to deal with the Winter 2022 illegal demonstrations and blockades was unreasonable and that some of the temporary measures adopted violated the Canadian Charter of Rights and Freedoms.
Background:
- On February 14, 2022, the Governor in Council (GIC) issued a proclamation pursuant to the Emergencies Act declaring that a public order emergency existed throughout Canada, which necessitated the taking of special temporary measures.
- Various individuals and organizations sought judicial review of this declaration and of the order and regulations that were made under the Emergencies Act, arguing, among other points, that the legal threshold for invoking the Act had not been met.
- These court applications ran concurrently with the Public Order Emergency Commission, which ultimately concluded that the GIC had met the very high threshold for invoking the Emergencies Act.
- On January 23, 2024, the Federal Court issued its decision on the applications for judicial review, finding that the invocation of the Emergencies Act was unreasonable. It also found that certain of the temporary measures infringed sections 2(b) and 8 of the Canadian Charter of Rights and Freedoms, and that neither infringement was justified under section 1 of the Charter.
Appeal
- While the Government of Canada respects Canada’s independent judiciary, it does not agree with the Federal Court’s decision, and has appealed the ruling to the Federal Court of Appeal.
- It is important to remember the severity of the situation in 2022, and how serious the condition the country was in when the decision was made to invoke the Act.
- The decision to invoke the Act was not an easy one, and was only made after careful and serious deliberations.
- The Government has announced the intention to appeal the Federal Court’s ruling and as of February 21, 2024, the decision has not yet been filled.
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