Overview
- The three-judge panel upheld the Federal Court’s conclusion that declaring a public order emergency in 2022 was unreasonable.
- The court agreed that use of the law infringed freedom of expression and protection against unreasonable search or seizure.
- The case centered on the Feb. 14, 2022 proclamation that enabled assembly restrictions and financial freezes to clear convoy protests in Ottawa and at border crossings.
- The decision diverges from the Public Order Emergency Commission’s 2023 report, which said the very high threshold to use the act was met.
- The ruling may be taken to the Supreme Court of Canada, with any leave application due by mid-March.