DIVISION OF POWERS - Federal jurisdiction

Law360 Canada ( March 17, 2026, 9:40 AM EDT) -- Appeals and cross-appeals arising from the first-ever invocation of the Emergencies Act (Act), during the Freedom Convoy protests in early 2022. On Feb. 14, 2022, the Governor in Council (GIC) issued a Proclamation declaring a public order emergency, followed by Emergency Measures Regulations (Regulations) and an Emergency Economic Measures Order (Economic Order). These measures prohibited participation in certain assemblies, restricted travel, froze assets of designated persons, and compelled disclosure of financial information. The Canadian Civil Liberties Association (CCLA) and Canadian Constitution Foundation (CCF) challenged the legality of the Proclamation and measures, alleging breaches of the Canadian Charter of Rights and Freedoms (Charter) and the Bill of Rights. Nagle and Canadian Frontline Nurses (CFN) also sought judicial review, claiming direct standing. The Attorney General of Canada (AGC) appealed the Federal Court’s decision that the Proclamation was unreasonable and ultra vires, and that parts of the Regulations and Economic Order violated paragraph 2(b) and s. 8 of the Charter. The AGC argued the Federal Court misapplied the reasonableness standard, substituted its own view, and relied on hindsight and expanded evidence. The AGC maintained cabinet had reasonable grounds to believe threats to national security existed and that a national emergency justified invocation of the Act. It also contended any Charter breaches were justified. The CCLA and CCF cross-appealed, asserting the Regulations also infringed paragraph 2(c) of the Charter. Nagle and CFN appealed findings on standing and clean hands. Interlocutory appeals challenged the admission of evidence from the Public Order Emergency Commission (POEC)....
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