this post was submitted on 16 Jan 2026

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Federal government loses Emergencies Act appeal, court says use during convoy protest was unreasonable (www.cbc.ca)

submitted 4 days ago by HellsBelle@sh.itjust.works to c/canada@lemmy.ca

19 comments fedilink hide all child comments

The Liberal government unreasonably invoked the Emergencies Act to clear the convoy protests that gridlocked the capital city and border points nearly four years ago, the Federal Court of Appeal ruled on Friday.

The court dismissed the government's appeal of a 2024 ruling which deemed former prime minister Justin Trudeau's decision to use the legislation unlawful and infringed on protesters' Charter rights.

"As disturbing and disruptive the blockades and the convoy protests in Ottawa could be, they fell well short of a threat to national security," wrote the three judges on the appeal court.

top 19 comments

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[–] FiniteBanjo@feddit.online 39 points 4 days ago

You mean the Canadian Magat Convoy?

Trust me, that crowd certainly was a threat to Canada's national security. Use the USA as an exhibit.

[–] Threeskittiesinatrenchcoat@lemmy.ca 16 points 4 days ago* (last edited 4 days ago)

Political actors want to paint this as a failure of the federal government but fact of the matter is, it was a failure of enforcement, and we simply do not have the means in which to hold that enforcement accountable the same way we do the federal government, which is another issue entirely.

We should have high standards for the EA’s use, but the same people who will justify state sponsored violence that targets people they don’t like, are celebrating this ruling as government overreach, because it’s about the narrative not reality, and I find it exhausting.

Police should’ve done their jobs and the federal government shouldn’t have used the act, that’s the real story.

[–] CanadaPlus@lemmy.sdf.org 16 points 4 days ago

Wow, I didn't expect that. They waited a really long time to use it, and then shut it back down in a few days.

The precedent here is you basically can't use it until the government is about to be overthrown.

[–] mindbleach@sh.itjust.works 15 points 4 days ago (1 children)

Mixed bag.

Always nice to see some constraint on "emergency" powers... but a mob starting shit over nonsense was ignored by all lower levels of government. Telling people to just go home after an entire week of aimless provocation is not exactly cracking skulls the minute someone in a keffiyah holds up sign in an empty field.

And if bricks started falling through windshields after three days of nonstop noise, well, that would have been a riot justifying any state power... toward the people saying "leave us alone."

[–] CaperGrrl79@lemmy.ca 3 points 4 days ago (1 children)

I think one of the key things in this ruling was that freezing their bank accounts and funds may have gone too far, in their opinion. But I definitely agree with you.

[–] mindbleach@sh.itjust.works 7 points 4 days ago

Cutting people off financially is the gentlest possible rebuke against in-person behavior. It's a big deal, and a due process nightmare - but it's as bloodless as state power can be. You wanna buy gas to do this again tomorrow? Ask nicely from the people you've been honking at since last month.

[+] LoveCanada@lemmy.ca -36 points 4 days ago (4 children)

“As disturbing and disruptive the blockades and the convoy protests in Ottawa could be, they fell well short of a threat to national security,” wrote the three judges on the appeal court.

Anyone watching live feeds could easily tell this was true.

The thing is that this liberal gov and and the previous one don't care about what was legal or right, they want their pound of flesh, so I won't be surprised if they try to take this to the Supreme Court.

Meanwhile, Chrystia has conveniently left the country, Justin is off somewhere with his astronaut, Mendicino is gone, Blair demoted, Peter Sloly, Steve Bell, Jim Watson are all gone, Jody Thomas is gone.... the only people still being persecuted and dragged through years and years of "lawfare" are the convoy organizers. For a LEGAL and PEACEFUL protest as proven in COURT, not in the mass media or the court of public opinion.

What a screwed up country with no consequences for those who illegally persecuted them and continue to do so.

[–] panda_abyss@lemmy.ca 37 points 4 days ago (2 children)

They were not legal protests when they specifically wanted to illegally overthrow the government.

A lot of people forget that they had online documents calling for that.

And frankly, they were harassing the citizens of Ottawa, not protesting.

This was also 90% the provinces fault, with ford out jerking off in his cottage instead of doing shit all because he didn’t like the feds and wanted too make them have to suffer.

[–] thisorthatorwhatever@lemmy.world 4 points 4 days ago (1 children)

This is how good people get screwed, but stupid judges that can't see 2+2 is 4. In the eyes of the court now a 'National Security' threat has to be so great that an invading army needs to be parked on Parliament Hill.

Most normal people don't want a hundred trucks honking all night long for weeks on end, it's insanity.

[–] karlhungus@lemmy.ca 25 points 4 days ago* (last edited 4 days ago) (1 children)

They were shitting on people's lawns, being violent, honking at all hours of the day.

I support their right to protest, clogging up the whole city at all 14 hours a day for weeks on end should have been dealt with by bylaw.

Also fuck the convoy, buggoted, anti science peices of shit.

[–] mindbleach@sh.itjust.works 13 points 4 days ago (1 children)

Fascist agitation was politely tolerated by residents until the national government had to step in to tell them, nothing's happening, fuck off.

This wasn't a sit-in. It was a harassment campaign against an entire city, by ignorant bigots, for weeks. If you endured a fraction of that you'd be ugly-crying on the phone for your local cops to do something about those poor innocent souls and their right to express HONK HONK HONK HONK HONK HONK HONK HONK HONK HONK HONK HONK HONK HONK HONK HONK at four in the god damn morning.

[–] CaperGrrl79@lemmy.ca 4 points 4 days ago (1 children)

Yeah... this is what gets me about the ruling. these disruptions weren't just stressful for some. Lack of sleep from the noise, reports of threatening people... there was something else to do with the lobby of an apartment building but I forget what it was and couldn't be verified... but it wasn't just stressful or annoying... none of the legal people had to deal with it as badly as others in Ottawa.

[–] mindbleach@sh.itjust.works 5 points 4 days ago

This ruling isn't wrong about some guys in trucks falling short of a national security threat.

This ruling is wrong for ignoring the threat of city and provincial governments allowing a mob to terrorize people, at length.

[–] HeyThisIsntTheYMCA@lemmy.world 3 points 4 days ago

Peaceful? You forget about the apartment building they tried to burn down?