By Canadian Press

Ottawa defends its use of Emergencies Act before Federal Court of Appeal

Feb 4, 2025 | 1:49 PM

OTTAWA — A lawyer for the federal government says a judge mistakenly concluded it was unreasonable for the government to use the Emergencies Act in 2022 to quell protests in the national capital and at key border points.

In his January 2024 ruling, Federal Court Justice Richard Mosley said he revisited the events with the benefit of a more extensive record of the facts and the law than the government had when it proclaimed a public order emergency.

Lawyer Michael Feder, representing the government, told the Federal Court of Appeal today it was unfair of the judge to fault federal decision-making using “20/20 hindsight.”

In early February 2022, downtown Ottawa was filled with protesters, many in large trucks that rolled into the city beginning in late January.

While many demonstrated against COVID-19 health restrictions, the gathering attracted people with a variety of grievances against Prime Minister Justin Trudeau and the Liberal government.

The Canadian Civil Liberties Association and several other groups and individuals argued in Federal Court that Ottawa ushered in the emergency measures without sound statutory grounds.

This report by The Canadian Press was first published Feb. 4, 2025.

Jim Bronskill, The Canadian Press