Feds appealing ruling on use of Emergencies Act at Supreme Court

By Canadian Press on March 17, 2026.

OTTAWA — The federal government is appealing to the Supreme Court a lower court decision that found its use of the Emergencies Act four years ago unconstitutional.

The government invoked the act to quell protests in the national capital and at key border points.

In 2024, a federal court ruling rejected the use of the emergencies law and found its use of the act breached Charter rights.

A January ruling from the Federal Court of Appeal affirmed that decision.

Justice Minister Sean Fraser’s spokesperson Lola Dandybaeva says the government is committed to ensuring it has the tools needed to protect the safety and security of Canadians in the face of threats to public order and national security.

She says it would not be appropriate to comment further given that the matter is before the courts.

This report by The Canadian Press was first published March 17, 2026.

Catherine Morrison, The Canadian Press