THE Federal Court of Canada ruled on Tuesday that the federal government’s decision to declare a public order emergency under the Emergencies Act in early 2022, as well as the associated regulations that it enacted, during the “Freedom Convoy” were unreasonable and were not justified on the facts or the law.

It said that the regulations violated the Charter right to freedom of expression and the right to be secure against unreasonable search or seizure.

The Canadian Civil Liberties Association (CCLA) had challenged the federal government’s invocation of the Emergencies Act. The CCLA’s challenge was joined with that of a few other parties.

Noa Mendelsohn Aviv, Executive Director and General Counsel of the CCLA, said that from the moment the Emergencies Act was invoked, the CCLA raised its concerns.

He said in a statement: “Emergency is not in the eye of the beholder. Emergency powers are necessary in extreme circumstances, but they are also dangerous to democracy. They should be used sparingly and carefully. They cannot be used even to address a massive and disruptive demonstration if that could have been dealt with through regular policing and laws. The threshold for invoking the Emergencies Act is extremely high. The government must demonstrate that there is an emergency arising from threats to the security of Canada and that that emergency truly has a national scope. The Federal Court agreed that this threshold was not met.”

He added: “The CCLA stood up to the government’s use of the Emergencies Act and challenged the government in court. The Federal Court’s decision sets a clear and critical precedent for every future government.”

MEANWHILE, Deputy Prime Minister and Finance Minister Chrystia Freeland told reporters that the government did not agree with the Federal Court’s decision and will be appealing it.

CONSERVATIVE Leader Pierre Poilievre said Prime Minister Justin Trudeau “must now answer for his reckless abandonment of the law and the most basic freedoms of all Canadians.”

He said: “The decision to invoke the Emergencies Act was unnecessary from the start. Trudeau caused this crisis by dividing people. He proceeded to violate Charter rights to illegally suppress Canadian citizens. Since then, the Trudeau Government has desperately tried to defend their actions, lying to the public, saying that the police asked the Government to invoke the Act – something the RCMP and the Ottawa Police have both denied.”

He added: “A Poilievre Government will ensure the Emergencies Act can never be used again to silence political opposition. Common sense Conservatives will protect the Charter rights of Canadians, and as Prime Minister, I will unite our country and our people for hope and freedom.”