Supreme Court to Hear Ottawa’s Appeal on Use of Emergencies Act During 2022 Protests

The Supreme Court of Canada has agreed to hear the federal government’s appeal of a ruling that found its use of the Emergencies Act during the 2022 convoy protests was unlawful.

The court announced the decision Thursday, according to Law360 Canada. No hearing date has been reported.

The federal government sought leave to appeal. The Canadian Civil Liberties Association and the Canadian Constitution Foundation, which challenged the invocation, are cross appellants, Law360 Canada reported.

The earlier rulings
The government invoked the act on Feb. 14, 2022, in response to protests and blockades. In 2024, Federal Court Justice Richard Mosley ruled that the powers were not necessary because existing provincial and municipal powers were enough to deal with the protests, the National Post reported.

The Federal Court of Appeal upheld that decision in January 2026. It found the invocation unreasonable and unjustified and a violation of the Charter, and said cabinet “did not have reasonable grounds to believe that a national emergency existed,” according to the National Post.

The government’s argument
The federal government argues that the lower courts applied the wrong principles and took a flawed approach, the National Post reported. The decision under appeal is catalogued as Canada (Attorney General) v. Canadian Civil Liberties Association, 2026 FCA 6, Law360 Canada said.

Saskatchewan and Alberta are also named as participants in the case, according to the National Post.

Reaction and recusal request
Anaïs Bussières McNicoll of the Canadian Civil Liberties Association said, “even in times of crisis, no government is above the law,” the National Post reported.

The National Post also reported that Chief Justice Richard Wagner denied a separate request to recuse himself over comments he made in 2022 about the convoy. NordoVista has not confirmed that from a second source.