Supreme Court of Canada to Hear Federal Appeal Over Emergencies Act

OTTAWA. The Supreme Court of Canada agreed on Thursday, October 22, 2026 to hear the federal government's appeal over its use of the Emergencies Act against convoy protests in 2022. The decision sets up a third court fight over emergency powers that two lower courts have already ruled were unlawful.

The Canadian Press reported that the top court will hear federal arguments about the government's legal justification for using the act to quell protests in the national capital and at key border points four years ago. The Canadian Constitution Foundation, one of the groups that challenged the invocation, confirmed on Thursday that the court agreed to hear the case and said it is ready for a third round.

The protests and the invocation

For about three weeks in January and February 2022, downtown Ottawa was filled with protesters, including many in large trucks that blocked streets around Parliament Hill. Many were demonstrating against COVID-19 health restrictions, and the protest also drew people with a range of other grievances against the government of then prime minister Justin Trudeau.

On February 14, 2022, the government invoked the Emergencies Act. The temporary measures allowed Ottawa to regulate and prohibit public assemblies, designate secure places, direct banks to freeze assets and ban support for protest participants. The foundation says the measures included requiring banks to freeze accounts without judicial authorization and restricting peaceful protests.

Two courts ruled against Ottawa

The Canadian Civil Liberties Association and others argued in Federal Court that Ottawa lacked sound statutory grounds to bring in the emergency measures, and they won. In January 2024, the Federal Court ruled in the foundation's favour, finding the invocation was unreasonable and unlawful and that the regulations violated Canadians' Charter rights to freedom of expression and security against unreasonable search and seizure.

In January 2026, a three-judge panel of the Federal Court of Appeal unanimously upheld that ruling, finding the government had failed to meet the legal threshold for declaring a national emergency. In March 2026, on the last possible day to do so, the government of Prime Minister Mark Carney sought leave to appeal to the Supreme Court.

What each side argues

The government argues the lower courts engaged in second-guessing with the benefit of hindsight when they ruled its use of the emergencies law was unreasonable, and that their reasoning neuters the Emergencies Act.

Christine Van Geyn, interim executive director of the Canadian Constitution Foundation, said the group is prepared to defend its wins. "We've defeated the federal government twice on this issue and we're ready to do it again," she said. Josh Dehaas, the foundation's litigation director, said the court has "an opportunity to draw a firm line that no future government can cross, no matter how intense the political pressure or how frustrated those in power become."

The foundation has said the government has spent at least $4 million defending its use of the act. No hearing date was announced on Thursday. The 2022 invocation was the first use of the Emergencies Act, and the Supreme Court's ruling will decide whether the appeal court judgment stands as the final word on it.