In January 2024, the Federal Court sided with the Canadian Constitution Foundation (CCF), finding that the Trudeau government did not meet the high legal threshold required to invoke the Emergencies Act and that the government’s actions violated Charter rights. Within minutes of the release of the lengthy decision, the Trudeau government announced its intention to appeal. The appeal was heard almost a year ago, in February 2025. The CCF was represented in this case by Sujit Choudhry and Janani Shanmuganathan, whose materials can be read here.

The case is one of the most significant for civil liberties in modern Canadian history. At stake is whether the Emergencies Act contains meaningful legal limits, including the strict requirement that a “public order emergency” must involve “threats to the security of Canada,” or whether the government can treat the Act as a tool of convenience when a protest becomes a political challenge. The outcome of this case will shape how far future governments can go in curtailing peaceful protest and using extraordinary emergency powers, including restrictions on banking, against Canadians.

The CCF will be standing by on Friday to provide comment.

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