View source for Emergencies Act

{{Short description|1988 Canadian law about emergency powers}}
{{italic title}}
{{Use mdy dates|date=February 2022}}
{{Use Canadian English|date=February 2022}}
{{Infobox legislation
| short_title    = ''Emergencies Act''<br />{{nobold|{{lang|fr|Loi sur les mesures d'urgence}}}}
| image = Centre Block - Parliament Hill.jpg
| imagesize           = 130px 
| imagealt       = 
| caption        = 
| long_title     = An Act to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof
| citation       = [[Statutes of Canada|RSC]] 1985, c 22 (4th Supp)
| enacted_by     = [[Parliament of Canada]]
| date_enacted   = 
| date_passed    = 
| enacted_by2    = 
| date_enacted2  = 
| date_passed2   = 
| date_assented  = 
| royal_assent   = July 21, 1988
| date_commenced = 
| bill           = 
| bill_citation  = C-77, 33rd Parliament, 2nd session
| bill_date      = 
| introduced_by  = [[Perrin Beatty]], [[Minister of National Defence (Canada)|Minister of National Defence]]
| 1st_reading    = June 26, 1987
| 2nd_reading    = November 2, 1987
| 3rd_reading    = 
| committee_report = 
| bill2          = 
| bill_citation2 = 
| bill_date2     = 
| introduced_by2 = 
| 1st_reading2   = 
| 2nd_reading2   = 
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| committee_report2 = 
| white_paper    = 
| amendments     = 
| amended_by     = 
| repeals        = ''[[War Measures Act]]''
| related_legislation = 
| keywords       = 
| status         = current
}}
The '''''Emergencies Act''''' ({{langx|fr|Loi sur les mesures d'urgence}}) is a [[statute]] passed by the [[Parliament of Canada]] in 1988 which authorizes the [[Government of Canada#Executive power|Government of Canada]] to take extraordinary temporary measures to respond to public welfare emergencies, public order emergencies, international emergencies and war emergencies. The law replaces the ''[[War Measures Act]]'' passed in 1914. It asserts that any government action continues to be subject to the ''[[Canadian Charter of Rights and Freedoms]]'' and the ''[[Canadian Bill of Rights]]''.

Under the ''Emergencies Act'', the [[Cabinet of Canada]] can declare a national emergency in response to an urgent and critical situation that cannot be dealt with by any existing law, and either is beyond the capability of a province to deal with it or threatens the [[sovereignty]] of Canada. Before declaring a national emergency, the federal cabinet must consult with provincial cabinets. In the case of a public welfare or public order emergency where the effects of the emergency are confined to, or occur principally in, one province, the ''Emergencies Act'' cannot be used if the provincial cabinet does not indicate that the situation is beyond the capacity of the province to deal with it.{{sfn|Rosenthal|1991}} Once an emergency is declared, it is subject to confirmation by the [[House of Commons of Canada|House of Commons]] and [[Senate of Canada|Senate]].

The ''Emergencies Act'' has been invoked only once since it was enacted in 1988, in response to the [[Canada convoy protest]] in 2022.<ref name="aiello20220214">{{Cite news|last=Aiello| first=Rachel|date=February 14, 2022| title=Trudeau makes history, invokes Emergencies Act to deal with trucker protests| url=https://www.ctvnews.ca/politics/trudeau-makes-history-invokes-emergencies-act-to-deal-with-trucker-protests-1.5780283|access-date=February 14, 2022|website=[[CTV News]]|language=en| url-status=dead| archive-url=https://web.archive.org/web/20220215010228/https://www.ctvnews.ca/politics/trudeau-makes-history-invokes-emergencies-act-to-address-trucker-protests-1.5780283| archive-date=February 15, 2022}}</ref><ref name="tunney20220214">{{Cite news|last=Tunney|first=Catharine|date=February 14, 2022|title=Federal government invokes Emergencies Act for first time ever in response to protests| url=https://www.cbc.ca/news/politics/trudeau-premiers-cabinet-1.6350734|url-status=live|work=[[CBC News]]| archive-url=https://web.archive.org/web/20220214232029/https://www.cbc.ca/news/politics/trudeau-premiers-cabinet-1.6350734| archive-date=February 14, 2022}}</ref>

== History ==
=== Impetus and reform proposals ===
{{see also|Royal Commission of Inquiry into Certain Activities of the RCMP#Recommendations}}
The impetus for reform of the ''[[War Measures Act]]'' came in October 1970 when members of the [[Front de libération du Québec]] (FLQ) kidnapped [[Pierre Laporte]] (the provincial labour minister) and British diplomat [[James Cross]]. These events, called the [[October Crisis]], resulted in Prime Minister [[Pierre Trudeau]] invoking the ''War Measures Act'' for the first time during peacetime. During the October Crisis, concerns were raised in Parliament about instances of possible abuse of civil rights, and ineffective flow of information from Cabinet to Parliament.{{sfn|Holthuis|1991|pp=66–67}}{{sfn|Holthuis|1991|p=71}}

Trudeau responded to the calls for reform during the October Crisis, stating on November 3, 1970, and January 11, 1971, that Parliament would consider creating new emergency legislation; however, new emergency legislation was not introduced while Trudeau was in office.{{sfn|Holthuis|1991|p=68}} Parliament considered forming a joint committee of the Senate and House of Commons to deliberate new emergency legislation in 1971 and 1977; however, both efforts were unsuccessful as agreement could not be reached on whether the mandate of such a committee would include an evaluation of the government's use of the ''War Measures Act'' in the October Crisis.{{sfn|Holthuis|1991|pp=68–69}}

As new information came to light on the activities of the [[Royal Canadian Mounted Police]]'s (RCMP) actions during the October Crisis, the [[Royal Commission of Inquiry into Certain Activities of the RCMP]] (McDonald Commission) was formed in 1977. Among the McDonald Commission's recommendations in its 1981 final report were several changes to Canada's emergency powers.{{sfn|Holthuis|1991|p=70}} The McDonald Commission recommended the ''War Measures Act'' be amended to focus on powers necessary during times of war, invasion or insurrection, while other emergencies would be dealt with by ''[[ad hoc]]'' legislation.{{sfn|Holthuis|1991|p=70}} The commission also recommended that the role of Parliament be increased during emergencies, including the requirement that Parliament confirm the state of emergency, renew the state of emergency, and, if not sitting, that it be summoned within seven days to make such a declaration.{{sfn|Holthuis|1991|p=71}} The commission further called for the information used by the government to declare an emergency be presented to Parliament publicly, with sensitive or classified materials being provided to an appropriate committee or during an ''[[in camera]]'' session of Parliament (private session).{{sfn|Holthuis|1991|p=71}} The McDonald Commission also called for: the power to create a new court to hear complaints from individuals whose rights had been infringed; the ''War Measures Act'' to state which elements of Canada's ''Bill of Rights'' would be notwithstanding during a declaration; and that Article&nbsp;4 rights under the [[International Covenant on Civil and Political Rights]] never to be overridden.{{sfn|Holthuis|1991|p=73}}

Despite the McDonald Commission report being completed and released publicly in 1981, it was never tabled in Parliament or fully debated.{{sfn|Holthuis|1991|p=74}} The Task Force on Canadian Unity, established by the Government of Canada after the [[Quebec sovereignty movement|sovereigntist]] [[Parti Québécois]] was elected in [[1976 Quebec general election|Quebec in 1976]] also called for reform of the ''War Measures Act'', including a declaration of use providing the rationale, greater parliamentary oversight, safeguards for provincial powers, and safeguards for individual liberties.{{sfn|Holthuis|1991|pp=74–75}}

Despite the calls and proposals for reform of the ''War Measures Act'' following the October Crisis, there was no change until the ''Emergencies Act'' was passed by Parliament in 1988.{{sfn|Holthuis|1991|p=76}} The [[Progressive Conservative Party of Canada|Progressive Conservative Party]] under [[Brian Mulroney]] defeated the Liberal government under [[John Turner]] in the [[1984 Canadian federal election]], and in 1987 the Mulroney government released a [[white paper]] on reforming Canada's defence policy.{{sfn|Holthuis|1991|p=76}} It called for the creation of comprehensive emergency legislation, and the government commissioned a series of studies on emergency and defence topics.{{sfn|Holthuis|1991|pp=76–77}} The studies considered four options for emergency legislation and recommended that a single comprehensive law be provided with four unique types of emergencies with unique powers, procedures and safeguards.{{sfn|Holthuis|1991|p=77}}

=== Legislative history ===
The ''Emergencies Act'' was introduced by [[Minister of National Defence (Canada)|Minister of National Defence]] [[Perrin Beatty]]{{sfn|Rosenthal|1991|p=563}} in the second session of the [[33rd Canadian Parliament]] as Bill C-77.{{sfn|Holthuis|1993|loc=p. 220 and note 103}}{{sfn|Rosenthal|1991|p=565}} Its first [[Reading (legislature)|reading]] was on June 26, 1987, and second reading was on November 2, 1987.{{sfn|Rosenthal|1991|loc=p. 565 and note 2}} The bill received [[royal assent]] on July 21, 1988, replacing the ''[[War Measures Act]]''.{{sfn|Rosenthal|1991|loc=p. 563, note 11}} Parliament intended it to provide more [[civil right]]s protections and less likelihood for [[abuse of power]] than the ''War Measures Act''.{{sfn|Holthuis|1993|p=219}}

A number of amendments were made to Bill C-77 between the second and third readings. The definition of "national emergency" and the situations under which the bill could be invoked was defined more restrictively to limit broad use.{{sfn|Rosenthal|1991|loc=p. 573}} The definition which passed second reading was removed, "an urgent and critical situation of a temporary nature that imperils the well-being of Canada as a whole or that is of such proportions or nature as to exceed the capacity or authority of a province to deal with it" and replaced with two possible conditions, one which "seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it" or a condition which threatens the [[sovereignty]] of Canada.{{sfn|Rosenthal|1991|p=573}} The reasoning for the change was the understanding that many emergencies were "urgent", "critical" or "temporary", but not sufficient in gravity for use of the ''Emergencies Act''.{{sfn|Rosenthal|1991|p=574}} Another amendment made after second reading allowed government decisions under a declared emergency to be reviewed by the courts based on whether the actions taken were reasonable.{{sfn|Rosenthal|1991|pp=574–575}}

== Provisions ==
Under the ''Emergencies Act'', the [[Governor-in-Council|Governor in Council]] (i.e., the federal cabinet) may declare that an emergency exists.{{Sfn|Rosenthal|1991|pp=563, 573}} The emergency must be a "national emergency", which means an "urgent and critical situation of a temporary nature" that either "(a) seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or (b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada and that cannot be effectively dealt with under any other law of Canada".{{Sfn|Rosenthal|1991|p=573}}<ref>Emergencies Act, RSC 1985, c 22 (4th Supp), [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-22-4th-supp/latest/rsc-1985-c-22-4th-supp.html#sec3 s 3]</ref>

The ''Emergencies Act'' contemplates four distinct types of emergencies: a public welfare emergency, a public order emergency, an international emergency, and a war emergency.{{sfn|Rosenthal|1991|p=565}} It uses a "finely graded set of provisions" to respond to each type.<ref>{{Cite book|last1=Lustgarten|first1=Laurence|title=In from the Cold: National Security and Parliamentary Democracy|last2=Leigh|first2=Ian|publisher=[[Oxford University Press]]|year=1994|isbn=0-19-825234-X|page=[[iarchive:infromcoldnation00lust/page/19/mode/1up|19]]|oclc=30069995}}</ref>{{sfn|Atkey|1991|pp=46–47}}{{sfn|Holthuis|1993|p=221}} The four categories of emergency are triggered in separate circumstances and a declaration of an emergency under each category gives the government a separate set of powers.{{sfn|Stacey|2018|p=873}} Once Cabinet has declared an emergency, it can make [[Order in Council|orders in council]] or proclaim [[Primary and secondary legislation|regulations]] pursuant to the declaration.{{Sfn|Weinrib|2001|p=102}}

Under the ''Emergencies Act'', a declaration of an emergency by the Cabinet must be reviewed by Parliament.{{sfn|Forcese|West|2021|loc=chapter 8, PDF pp. 21–22}} Any temporary laws made under the act are subject to the ''Canadian Charter of Rights and Freedoms'' and the ''Bill of Rights'', and must have regard to the ''[[International Covenant on Civil and Political Rights]]''.<ref name="CDNEncy">{{cite encyclopedia|title=Emergencies Act|encyclopedia=[[The Canadian Encyclopedia]]|url=https://thecanadianencyclopedia.ca/en/article/emergencies-act|date=March 18, 2020|language=en|last2=Foot|first2=Richard|last3=Yarhi|first3=Eli|last4=McIntosh|first4=Andrew|last1=Smith|first1=Denis|accessdate=April 9, 2020|archive-date=April 11, 2020|archive-url=https://web.archive.org/web/20200411220850/https://www.thecanadianencyclopedia.ca/en/article/emergencies-act|url-status=live}}</ref><ref name="freemanvanert2004">{{Cite book|last1=Freeman|first1=Mark|title=International Human Rights Law|last2=Van Ert|first2=Gib|publisher=Irwin Law|year=2004|isbn=1-55221-094-4|pages=[[iarchive:internationalhum0000free/page/326/mode/1up|326–327]]|oclc=55744460}}</ref>

Once a national emergency is declared, a motion for confirmation of a declaration of emergency must be tabled in the [[Senate of Canada|Senate]] and [[House of Commons of Canada|House of Commons]] within seven&nbsp;days after a declaration of emergency is made by the Governor in Council.{{Sfn|Forcese|Freeman|2005|p=591}} If either chamber is [[Prorogation in Canada|prorogued]] or in [[Recess (break)|recess]], its members must be recalled. If both chambers adopt the motion, the declared emergency remains in place for its original duration, subject to renewal (also subject to parliamentary scrutiny). Either chamber may end the emergency declaration by voting against it.{{Sfn|Forcese|Freeman|2005|p=591}} Additionally, a Parliamentary Review Committee with representation from each [[Official party status|recognized party]] must be formed. Within 60&nbsp;days of the expiration of the emergency, the law requires the government to convene a [[public inquiry]] and table a report in Parliament within 360&nbsp;days following the emergency's expiration.{{sfn|Holthuis|1991|p=99}}<ref>{{Cite web|last=O'Malley|first=Kady|date=February 14, 2022|title=So the PM is going to invoke the Emergencies Act. What's next for Parliament?|url=https://ipolitics.ca/2022/02/14/process-nerd-pm-to-invoke-emergencies-act-whats-next/|access-date=February 15, 2022|website=[[iPolitics]]|language=en-US|archive-date=February 15, 2022|archive-url=https://web.archive.org/web/20220215040452/https://ipolitics.ca/2022/02/14/process-nerd-pm-to-invoke-emergencies-act-whats-next/|url-status=live}}</ref>

=== Public welfare emergency ===
Part&nbsp;I of the ''Emergencies Act'' describes "public welfare emergencies" which result, or may result, in danger to life or property, services or resources, so serious as to be a national emergency. Public welfare emergencies include [[natural hazard]]s such as fire, flood, drought, storm, or earthquakes; [[biological hazard]]s including disease affecting humans, animals or plants; and man-made hazards such as accidents or pollution.{{Sfn|Rosenthal|1991|p=565}}{{Sfn|Forcese|Freeman|2005|p=587}}

Section&nbsp;7 of the act states a public welfare emergency declaration persists for 90&nbsp;days, subject to being extended through another proclamation, or ended earlier.{{sfn|Rosenthal|1991|p=577}}

=== Public order emergency ===
Part&nbsp;II of the ''Emergencies Act'' describes "public order emergency" results from serious threats to the security of Canada. When defining "threats to the security of Canada", the act references the definition provided in the ''Canadian Security Intelligence Service Act'', which includes [[espionage]], sabotage, detrimental foreign influences, activities which support the threat or use of violence for a political, religious or ideological objective; or those activities which threaten to undermine or otherwise destroy, or overthrow the Government of Canada.{{sfn|Rosenthal|1991|p=567}}<ref name="bbcwhatpowers">{{Cite news|date=February 14, 2022|title=Canada trucker protest: What powers will Emergencies Act give Trudeau?|language=en-GB|work=[[BBC News]]|url=https://www.bbc.com/news/world-us-canada-60381096|access-date=February 15, 2022|archive-date=February 15, 2022|archive-url=https://web.archive.org/web/20220215062213/https://www.bbc.com/news/world-us-canada-60381096|url-status=live}}</ref> The ''Canadian Security Intelligence Service Act'' notes that "lawful advocacy, protest or dissent" do not constitute "threats to the security of Canada".{{sfn|Rosenthal|1991|p=568}}

Section&nbsp;18 of the act states a public order emergency declaration persists for 30&nbsp;days, subject to being extended through another proclamation, or ended earlier.{{sfn|Rosenthal|1991|p=577}}

=== International emergency ===
Part&nbsp;III of the ''Emergencies Act'' describes "international emergency", which results from acts of intimidation, coercion, or the real or imminent use of force from one or more other countries against Canada.{{sfn|Rosenthal|1991|p=571}} An international emergency would fall short of an armed conflict which would permit a "war emergency", instead the international emergency was proposed for times of "heightened international tensions" and "rapid deterioration of relations among nations".{{sfn|Rosenthal|1991|p=571}}{{sfn|Emergency Preparedness Canada|1987|p=19}} [[Peter Rosenthal]] likened the purpose of an international emergency to events similar to the [[Cuban Missile Crisis]].{{sfn|Rosenthal|1991|p=572}} Under an international emergency, additional powers are provided to the government as it relates to supplies for national defence, including search and seizure as it relates to scarce commodities, hoarding, black market operations and fraud.{{sfn|Rosenthal|1991|p=572}}

Section&nbsp;29 of the act states an international emergency declaration persists for 60 days, subject to being extended through another proclamation, or ended earlier.{{sfn|Rosenthal|1991|loc=p. 577}}

=== War emergency ===
Part&nbsp;IV of the ''Emergencies Act'' describes a "war emergency" which results from war or armed conflict involving Canada or an allied nation.{{sfn|Rosenthal|1991|p=572}} While a "war emergency" provides the government with significant authority to make orders or regulation beyond the categorical limits of other emergencies,{{sfn|Rosenthal|1991|p=572}} however, a war emergency does not provide the authority to implement [[conscription]] under the act.

Section&nbsp;39 of the act states a war emergency declaration persists for 120&nbsp;days, subject to being extended through another proclamation, or ended earlier.{{sfn|Rosenthal|1991|p=577}}

== Analysis ==
According to the legal scholars Craig Forcese and Leah West, the ''Emergencies Act'' provides for "the stiffest government emergency powers of any emergency law in Canada".{{sfn|Forcese|West|2021|loc=chapter 8, PDF p. 16}}

The ''Emergencies Act'' does not delineate what role the courts may play during an emergency.{{Sfn|Forcese|Freeman|2005|p=592}} Forcese and Aaron Freeman suggest that this leaves intact courts' ordinary powers of [[Judicial review in Canada|judicial review]] in [[Canadian administrative law]] and constitutional review under the ''Charter''.{{Sfn|Forcese|Freeman|2005|p=592}} Legal scholar Robert Martin argues that the act's requirement that the Governor in Council have "reasonable grounds" to believe that an emergency exists "leaves open the possibility of judicial review of the invocation of emergency powers".{{sfn|Martin|2005|p=173}}

[[Irvin Studin]] traces the federal government's power under the ''Emergencies Act'' to the [[peace, order, and good government]] clause in the ''[[Constitution Act, 1867]]''.{{Sfn|Studin|2014|loc=p. 60: "As established, it derives from the federal government's rather sweeping emergency powers under the emergency branch of the POGG power in the 1867 Act"}}

==Uses==
{{See also|States of emergency in Canada}}
The ''Emergencies Act'' has been used once, in response to the [[Canada convoy protest]] in 2022. The ''[[War Measures Act]]'', which the ''Emergencies Act'' replaced, was used on three occasions: during both the [[First World War|First]] and [[Second World War|Second]] World Wars, and during the 1970 [[October Crisis]].<ref name="CDNEncy" />

=== Proposed use in response to the COVID-19 pandemic ===
{{Further|COVID-19 pandemic in Canada}}
On April 9, 2020, [[Prime Minister of Canada|Prime Minister]] [[Justin Trudeau]] sent a letter to the [[Premier (Canada)|provincial and territorial premiers]] to consult about invoking the ''Emergencies Act'' due to the [[COVID-19 pandemic in Canada]].<ref name="CBCLetter">{{cite news |last1=Tunney |first1=Catharine |last2=Hall |first2=Chris |title=As supply concerns grow, Ottawa lays the groundwork for never-used Emergencies Act |url=https://www.cbc.ca/news/politics/emergencies-act-province-letter-1.5526496 |work=[[CBC News]] |date=April 9, 2020 |accessdate=April 9, 2020 |language=en |archive-date=August 17, 2020 |archive-url=https://web.archive.org/web/20200817011007/https://www.cbc.ca/news/politics/emergencies-act-province-letter-1.5526496 |url-status=live }}</ref> While consultation with the provinces is a required step before a national emergency can be declared, the [[Office of the Prime Minister (Canada)|Prime Minister's Office]] said there was no present plan to invoke it and that doing so remained a last resort.<ref>{{cite news |last1=Lynn |first1=Josh |title=In wake of letter sent by feds, Sask. premier doesn't 'see the need' to invoke Canada's Emergencies Act |url=https://www.ctvnews.ca/saskatoon/article/in-wake-of-letter-sent-by-feds-sask-premier-doesnt-see-the-need-to-invoke-canadas-emergencies-act/ |work=[[CTV News]] |date=April 9, 2020 |access-date=April 9, 2020 |language=en |archive-date=August 22, 2020 |archive-url=https://web.archive.org/web/20200822140218/https://saskatoon.ctvnews.ca/in-wake-of-letter-sent-by-feds-sask-premier-doesn-t-see-the-need-to-invoke-canada-s-emergencies-act-1.4890903 |url-status=live }}</ref><ref>{{cite news |last1=Taylor |first1=Stephanie |title=Saskatchewan premier doesn't see need for Emergencies Act in COVID-19 fight |url=https://nationalpost.com/pmn/news-pmn/canada-news-pmn/saskatchewan-premier-doesnt-see-need-for-emergencies-act-in-covid-19-fight |work=[[National Post]] |date=April 9, 2020 |accessdate=April 9, 2020 |language=en |archive-date=September 24, 2020 |archive-url=https://web.archive.org/web/20200924012432/https://nationalpost.com/pmn/news-pmn/canada-news-pmn/saskatchewan-premier-doesnt-see-need-for-emergencies-act-in-covid-19-fight |url-status=live }}</ref>  On a conference call between Trudeau and the premiers later that day, the premiers communicated their unanimous opposition to invoking the act.<ref>{{cite news |last1=Tunney |first1=Catharine |last2=Cullen |first2=Catherine |last3=Cochrane |first3=David |title=Need for Emergencies Act rejected by premiers on call with PM |url=https://www.cbc.ca/news/politics/emergencies-act-premiers-consensus-1.5529119 |work=[[CBC News]] |date=April 10, 2020 |accessdate=April 10, 2020 |language=en |archive-date=July 15, 2020 |archive-url=https://web.archive.org/web/20200715112237/https://www.cbc.ca/news/politics/emergencies-act-premiers-consensus-1.5529119 |url-status=live }}</ref><ref>{{cite news |last1=Lilley |first1=Brian |title=Premiers say no to Trudeau on Emergencies Act |url=https://torontosun.com/opinion/columnists/lilley-premiers-say-no-to-trudeau-on-emergencies-act |newspaper=[[Toronto Sun]] |date=April 10, 2020 |accessdate=April 11, 2020 |language=en |archive-date=April 24, 2020 |archive-url=https://web.archive.org/web/20200424162326/https://torontosun.com/opinion/columnists/lilley-premiers-say-no-to-trudeau-on-emergencies-act |url-status=live }}</ref>

=== Canada convoy protest ===
{{Main|Canada convoy protest}}
On February 14, 2022, during the Canada convoy protest, Prime Minister Justin Trudeau's government declared a public order emergency, invoking the ''Emergencies Act'' for the first time.<ref name="aiello20220214" /><ref>{{Cite news|last1=MacCharles|first1=Tonda|last2=Ballingall|first2=Alex|date=February 14, 2022|title=Justin Trudeau invokes Emergencies Act to stop convoy protests|work=[[Toronto Star]]|url=https://www.thestar.com/politics/federal/2022/02/14/ottawa-protesters-remain-defiant-as-federal-government-ramps-up-emergency-response.html|url-access=subscription|access-date=February 16, 2022|issn=0319-0781}}</ref><ref>{{Cite press release|date=February 15, 2022|title=Federal Government declares a public order emergency under the ''Emergencies Act'' to end disruptions, blockades and the occupation of the city of Ottawa|url=https://www.canada.ca/en/public-safety-canada/news/2022/02/federal-government-declares-a-public-order-emergency-under-the-emergencies-act-to-end-disruptions-blockades-and-the-occupation-of-the-city-of-ottawa.html|access-date=February 16, 2022|publisher=[[Public Safety Canada]]}}</ref>

Under the ''Emergency Measures Regulations'' issued after the declaration of emergency, participation in public assemblies that could result in a breach of peace by disrupting the movements of goods and people, interfering with the operation of critical infrastructure, or by supporting violence, were prohibited. Travel to and within places where these rallies were occurring was restricted, and foreigners were barred from coming to Canada to attend them. The regulations also specifically outlawed the bringing of children under the age of 18 to these assembles. Additionally the use, provision, collection, and solicitation of property and funds to support the prohibited assemblies or the people participating in them was banned.<ref name="GazettePart2Vol156">{{Cite web|first=|date=February 15, 2022|title=Canada Gazette, Part 2, Volume 156, Number 1: Emergency Measures Regulations|url=https://www.gazette.gc.ca/rp-pr/p2/2022/2022-02-15-x1/html/sor-dors21-eng.html|access-date=February 16, 2022|publisher=[[Public Services and Procurement Canada]]}}</ref><ref>{{Cite web|last=Tunney|first=Catharine|date=February 16, 2022|title=Protesters who come to Ottawa risk being tied to 'dangerous criminal activity,' minister says|url=https://www.cbc.ca/news/politics/emergency-powers-children-1.6353842|access-date=February 17, 2022|website=CBC News}}</ref><ref>{{Cite news|last=Rabson|first=Mia|date=February 17, 2022|title=Trudeau defends Emergencies Act use as a measure of last resort|url=https://www.cp24.com/news/trudeau-defends-emergencies-act-use-as-a-measure-of-last-resort-1.5785372|access-date=February 17, 2022|website=CP24|language=en}}</ref>

The regulations further empowered the federal government to protect critical infrastructure, [[Parliament Hill]] and the parliamentary precinct, official government residences and buildings, war monuments, and any other places designated by the [[Minister of Public Safety|minister of public safety]]. The federal government was also given the authority to compel the towing and removal of vehicles, structures, and other objects used in blockades. Violations of the regulations was punishable by up to five years' imprisonment, a fine up to $5,000, or both.<ref name="GazettePart2Vol156" /><ref>{{Cite news|first1=Rachel |last1=Aiello |date=February 16, 2022|title=Emergencies Act: 5 notable new powers enacted by the government|url=https://www.ctvnews.ca/politics/article/emergencies-act-5-notable-new-powers-enacted-by-the-government/|access-date=February 17, 2022|website=[[CTV News]]|language=en}}</ref>

Under the ''Emergency Economic Measures Order'', also issued pursuant to the declaration of emergency, [[crowdfunding]] platforms and their payment processors were required to register with the [[Financial Transactions and Reports Analysis Centre of Canada]], and report large and suspicious transactions.<ref name="GlobeandMail20220214">{{Cite news|last1=Walsh|first1=Marieke|last2=Fife|first2=Robert|last3=Dickson|first3=Janice|date=February 14, 2022|title=Prime Minister Justin Trudeau invokes Emergencies Act to try to bring an end to the blockades|language=en-CA|work=[[The Globe and Mail]]|url=https://www.theglobeandmail.com/politics/article-prime-minister-trudeau-to-discuss-ending-trucker-blockades-with-first/|access-date=February 15, 2022|archive-date=February 14, 2022|archive-url=https://web.archive.org/web/20220214204347/https://www.theglobeandmail.com/politics/article-prime-minister-trudeau-to-discuss-ending-trucker-blockades-with-first/|url-status=live}}</ref> [[Cryptocurrencies]] were also included in the expanded financial regulations.<ref name="GlobeandMail20220214" /> Banks were ordered to freeze personal and corporate bank accounts suspected of being used by people violating the regulations, and were protected from civil liability in enforcing the order.<ref name="GlobeandMail20220214Bradshaw">{{Cite news|last1=Bradshaw|first1=James|last2=Curry|first2=Bill|date=February 14, 2022|title=Emergencies Act will expand powers of Canadian banks to freeze accounts, halt funds|language=en-CA|work=The Globe and Mail|url=https://www.theglobeandmail.com/business/article-emergencies-act-powers-to-broaden-scope-of-anti-money-laundering-rules/|access-date=February 15, 2022|archive-date=February 15, 2022|archive-url=https://web.archive.org/web/20220215092805/https://www.theglobeandmail.com/business/article-emergencies-act-powers-to-broaden-scope-of-anti-money-laundering-rules/|url-status=live}}</ref> Insurance coverage for trucks being used in blockades was suspended.<ref name="GlobeandMail20220214Bradshaw"/> Furthermore, financial institutions had to determine on a continuing basis whether any persons violating the regulations were using their services and were required to promptly report findings to the RCMP or the [[Canadian Security Intelligence Service]] (CSIS).<ref>{{Cite web|date=February 15, 2022|title=Canada Gazette, Part 2, Volume 156, Number 1: Emergency Economic Measures Order|url=https://www.gazette.gc.ca/rp-pr/p2/2022/2022-02-15-x1/html/sor-dors22-eng.html|access-date=February 16, 2022|publisher=[[Public Services and Procurement Canada]]}}</ref><ref>{{Cite news |last=Turnbull |first=Sarah |date=February 14, 2022 |title=Feds crack down on trucker protest financing, from crowdfund rules to freezing bank accounts |website=[[CTV News]] |url=https://www.ctvnews.ca/politics/article/feds-crack-down-on-trucker-protest-financing-from-crowdfund-rules-to-freezing-bank-accounts/ |access-date=February 17, 2022}}</ref>

In accordance with the requirements of the ''Emergencies Act'' the government introduced a motion for the confirmation of the declaration of emergency on February 17, and debate was planned to continue through the weekend with a vote scheduled for February 21 at 8:00&nbsp;pm.<ref>{{Cite news |date=February 17, 2022 |title=Emergencies Act debate: Freeland says banks now freezing protesters' accounts |work=[[National Post]] |url=https://nationalpost.com/news/politics/emergencies-act-debate-parliament-weighs-declaring-a-public-order-emergency |access-date=February 27, 2022}}</ref> Though interrupted by [[Canada convoy protest#Clearance|police operations against the protesters on February 18]], debate otherwise proceeded as planned and the House of Commons voted to confirm use of the act 185 to 151,<ref>{{Cite web |title=Vote Detail - 32 - Members of Parliament - House of Commons of Canada |url=https://www.ourcommons.ca/members/en/votes/44/1/32?view=party |website=www.ourcommons.ca}}</ref> with the Liberals and [[New Democratic Party]] (NDP) in support, and the [[Conservative Party of Canada|Conservatives]] and [[Bloc Québécois]] voting against the motion.<ref>{{Cite news |last=Nardi |first=Christopher |date=February 18, 2022 |title=Speaker cancels Emergencies Act debate on Friday due to 'police operation' |work=National Post |url=https://nationalpost.com/news/politics/speaker-cancels-emergencies-act-debate-on-friday-due-to-police-operation}}</ref><ref>{{Cite news |last1=Rabson |first1=Mia |last2=Woolf |first2=Marie|date=February 21, 2022 |title=House of Commons passes Emergencies Act motion after fractious debate |language=en |website=[[CTV News]] |agency=[[Canadian Press]] |url=https://www.ctvnews.ca/politics/article/house-of-commons-passes-emergencies-act-motion-after-fractious-debate/ |access-date=February 22, 2022}}</ref> Immediately after the vote, interim Conservative leader [[Candice Bergen (politician)|Candice Bergen]] filed a motion to revoke the declaration of emergency under section&nbsp;59.<ref>{{Cite news |last=Levesque |first=Catherine |date=February 22, 2022 |title=Motion to extend Emergencies Act approved in the House of Commons |work=SALTWIRE |url=https://www.saltwire.com/atlantic-canada/news/motion-to-extend-emergencies-act-approved-in-the-house-of-commons-100696461/}}</ref> Debate in the Senate began on February 22, with members required to take an oath of secrecy.<ref>{{Cite news |last=Weber |first=Peter |date=February 21, 2022 |title=Canada's Justin Trudeau wins parliamentary approval for emergency powers declaration |work=The Week |url=https://theweek.com/law-and-order/1010432/canadas-justin-trudeau-wins-parliamentary-approval-for-emergency-powers}}</ref><ref>{{Cite news |last=Woolf |first=Marie |date=February 22, 2022 |title=MPs, senators on Emergencies Act committee will take secrecy oath: gov't Senate rep |work=CTV News |url=https://www.ctvnews.ca/politics/article/mps-senators-on-emergencies-act-committee-will-take-secrecy-oath-govt-senate-rep/ |access-date=February 27, 2022}}</ref> A vote was expected as early as that evening but debate proved more contentious than anticipated with several senators challenging the government to disclose the basis for invoking and continuing the state of emergency, even as blockades and protests had been cleared.<ref>{{Cite news |last=Lévesque |first=Catherine |date=February 22, 2022 |title=Senate growing frustrated by pressure to rubber stamp Emergencies Act |work=[[National Post]] |url=https://nationalpost.com/news/politics/senate-growing-frustrated-by-pressure-to-rubber-stamp-emergencies-act}}</ref><ref>{{Cite news |last=Gallant |first=Jacques |date=February 22, 2022 |title='What emergency exists today?' Senators ask for more details on government's need for special powers |work=[[Toronto Star]] |url=https://www.thestar.com/politics/federal/2022/02/22/what-emergency-exists-today-senators-ask-for-more-details-on-governments-need-for-special-powers.html}}</ref>

==== Reactions ====
The announcement had varied reactions. Several provincial premiers expressed concerns, including the premiers of [[Alberta]], [[Saskatchewan]], [[Manitoba]], and [[Quebec]]. [[Doug Ford]], the premier of [[Ontario]], the centre of the protest, expressed support for the measure.<ref name="tunney20220214" /> NDP leader [[Jagmeet Singh]] supported the measure, but said that its invocation was "proof of failure of leadership".<ref>{{Cite AV media |people=Singh, Jagmeet |date=February 14, 2022|title=Use of Emergencies Act 'proof of failure of leadership,' says NDP leader|url=https://www.cbc.ca/player/play/2002846275964|access-date=February 15, 2022|website=CBC News|archive-date=February 14, 2022|archive-url=https://web.archive.org/web/20220214231339/https://www.cbc.ca/player/play/2002846275964|url-status=live}}</ref> The [[Canadian Civil Liberties Association]] criticized the declaration of emergency, saying that the "high and clear" threshold for invocation{{snd}} that the situation cannot be resolved through the regular application of existing laws{{snd}} had not been met, and that normalization of emergency legislation would erode democracy and civil liberties.<ref>{{Cite news|date=February 15, 2022|title=CCLA warns normalizing emergency legislation threatens democracy, civil liberties|agency=[[Canadian Press]]|work=[[Global News]]|url=https://globalnews.ca/news/8620547/ccla-emergency-legislation-democracy-civil-liberties/|access-date=February 15, 2022|archive-date=February 15, 2022|archive-url=https://web.archive.org/web/20220215141815/https://globalnews.ca/news/8620547/ccla-emergency-legislation-democracy-civil-liberties/|url-status=live}}</ref> On February 18, it filed for judicial review of the government's decision to invoke the ''Emergencies Act'', claiming the invocation was unjustified and unconstitutional.<ref>{{Cite web |date=February 18, 2022 |title=Notice of Application, CCLA v Canada |url=https://ccla.org/wp-content/uploads/2022/02/Emergencies-Act-NOA.pdf |access-date=February 21, 2022 |publisher=[[Canadian Civil Liberties Association]]}}</ref><ref>{{Cite news |last1=Boisvert|first1=Nick |date=February 17, 2022|title=Civil liberties group files suit over use of Emergencies Act against convoy protests |work=[[CBC News]] |url=https://www.cbc.ca/news/politics/ccla-lawsuit-emergencies-act-1.6355846 |access-date=February 21, 2022}}</ref> The [[Canadian Constitution Foundation]] (CCF) announced intent to sue on similar grounds.<ref>{{Cite press release |author=Canadian Constitution Foundation |date=February 17, 2022 |title=CCF announces legal challenge to Trudeau's invocation of federal Emergencies Act|publisher=Canadian Constitution Foundation |url=https://theccf.ca/legal-challenge-emergencies-act/ |access-date=February 27, 2022 }}</ref> On February 19, Alberta Premier [[Jason Kenney]] also said that the province would file a court challenge to the federal government's use of the law.<ref>{{Cite news|date=February 19, 2022|last=Pedersen|first=Kylee|title=Kenney says province will challenge federal Emergencies Act in court|work=[[CBC News]]|url=https://www.cbc.ca/news/canada/calgary/jason-kenney-emergencies-act-twitter-1.6358480}}</ref> A few days later, Saskatchewan Premier [[Scott Moe]] said that his province was also considering a court challenge.<ref>{{Cite news|last=Ellis|first=Brendan|date=February 21, 2022|title=Legal action against use of Emergencies Act 'under consideration' by Sask. government|work=[[CTV News]]|url=https://www.ctvnews.ca/regina/article/legal-action-against-use-of-emergencies-act-under-consideration-by-sask-government/}}</ref> On February 20, [[Edward Snowden]] compared the freezing of bank accounts to similar actions by the Chinese and Russian governments, and commended the Canadian Civil Liberties Association for its challenge to the use of the law.<ref>{{Cite tweet |last=Snowden |first=Edward |author-link=Edward Snowden |user=Snowden |number=1495460828270714880 |date=February 20, 2022 |title=Governments claiming the authority to *freeze people's bank accounts* because they want to crush a protest movement is tyrannical and obscene.}}</ref>

==== Opinion polling ====
Opinion polling conducted by Maru Public Opinion showed that 66 per cent of Canadians supported the use of the act. Support was highest in [[British Columbia]], Quebec, and [[Atlantic Canada]], with 75 per cent, 72 per cent, and 72 per cent of the populations in those regions supporting the invocation respectively, and with a majority in every province backing the use of the act.<ref>{{Cite web|date=February 17, 2022|title=The Emergencies Act|url=https://static1.squarespace.com/static/5a17333eb0786935ac112523/t/620d9994ac49674e50dd99d6/1645058455817/Emergencies+17+02+22.pdf|access-date=February 17, 2022|publisher=Maru Public Opinion|archive-date=February 17, 2022|archive-url=https://web.archive.org/web/20220217112742/https://static1.squarespace.com/static/5a17333eb0786935ac112523/t/620d9994ac49674e50dd99d6/1645058455817/Emergencies%2017%2002%2022.pdf|url-status=dead}}</ref><ref>{{Cite news |date=February 17, 2022 |title=Two-thirds support Trudeau's use of Emergencies Act against protesters: poll |url=https://ottawa.citynews.ca/local-news/two-thirds-support-trudeaus-use-of-emergencies-act-against-protesters-poll-5074040 |access-date=February 17, 2022 |website=CityNews |location=Ottawa |language=en}}</ref> A poll by Mainstreet Research, conducted slightly later, on February 16 and 17, measured overall support and opposition at 51 per cent and 44 per cent respectively.<ref>{{Cite news |first1=Rachel |last1=Emmanuel |date=2022-02-20 |title=More Canadians strongly oppose Emergencies Act: Mainstreet poll |url=https://ipolitics.ca/2022/02/19/more-canadians-strongly-oppose-emergencies-act-mainstreet-poll/ |access-date=2022-03-01 |website=[[iPolitics]] |language=en-US}}</ref> [[Abacus Data]] found support at 57 per cent and opposition at 30 per cent in poll conducted between February 17 and 22.<ref>{{Cite web |first1=Bruce |last1=Anderson |first2=David |last2=Coletto |title=Emergency measures: Government approval holds as Liberals and Conservatives deadlocked |url=https://abacusdata.ca/canadian-politics-emegencies-act-feb-2022/ |date=February 24, 2022 |access-date=2022-03-01 |website=Abacus Data}}</ref> A poll conducted by Research Co between February 18 and the 20 found that 66 per cent believed the use of the act was justified, against 28 per cent who did not.<ref>{{Cite web |last=Canseco |first=Mario |date=2022-02-24 |title=Canadians Back Reliance on Emergencies Act By 2-to-1 Margin |url=https://researchco.ca/2022/02/24/covid19-protests-canada/ |access-date=2022-03-01 |website=Research Co. |language=en-US}}</ref> A poll conducted by [[Nanos Research]] on February 23 and 24, after the declaration of emergency had been revoked, found support for the liberals' decision to invoke the act was at 63 per cent, and opposition at 36 per cent.<ref>{{Cite news |last=Carbert |first=Michelle |date=2022-02-25 |title=Nearly half of Canadians say their impressions of Trudeau have worsened over convoy protest response: poll |language=en-CA |work=The Globe and Mail |url=https://www.theglobeandmail.com/politics/article-nearly-half-of-canadians-say-their-impressions-of-trudeau-have/ |access-date=2022-03-02}}</ref> Retrospective polling conducted by Angus Reid in May showed that 46 per cent of Canadians thought that the use of the act was necessary to clear out the protesters, 34 per cent thought that the police had sufficient powers to clear it without invoking the act, and 15 per cent opposed any government action to clear out the protesters.<ref>{{Cite web |date=2022-05-12 |title=Emergencies Act Review: Canadians divided whether Freedom Convoy could have been dispersed without it |url=https://angusreid.org/emergency-act-review-freedom-convoy/ |access-date=2022-08-09 |website=AngusReid.org |language=en-US}}</ref>

==== Revocation ====
On February 23, Prime Minister Trudeau announced that the federal government would revoke the emergency declaration. Debate in the Senate was halted after the announcement. Later that day, the governor general signed a proclamation revoking it.<ref>{{Cite news |last=Boisvert |first=Nick |date=February 23, 2022 |title=Trudeau ends use of Emergencies Act, says 'situation is no longer an emergency' |url=https://www.cbc.ca/news/politics/trudeau-event-feb23-1.6361847 |access-date=February 23, 2022 |work=[[CBC News]]}}</ref><ref>{{Cite web|url=https://www.cp24.com/news/trudeau-says-emergencies-act-powers-can-now-be-revoked-as-crisis-calms-1.5793077|title=Trudeau says Emergencies Act powers can now be revoked as crisis calms|first=Laura|last=Osman|date=February 23, 2022|website=CP24}}</ref> Despite its revocation, the Canadian Civil Liberties Association and the province of Alberta said they would proceed with challenges to the use of the law.<ref>{{Cite news |date=February 23, 2022 |title=Alberta to proceed with Emergencies Act challenge despite it being lifted: Kenney |work=[[CBC News]] |agency=[[The Canadian Press]] |url=https://www.cbc.ca/news/canada/edmonton/alberta-emergencies-act-challenge-kenney-1.6362261 |access-date=February 26, 2022}}</ref> 

==== Parliamentary review committee ====
In March, a joint parliamentary committee named the [[Special Joint Committee on the Declaration of Emergency]] (DEDC) began investigating the use of the act.<ref name="Fraser1"/> The committee is composed of seven members of Parliament and four senators.<ref>{{Cite news |last=Wherry |first=Aaron |date=6 March 2022 |title=The committee reviewing Trudeau's use of the Emergencies Act faces a daunting task |url=https://www.cbc.ca/news/politics/emergencies-act-trudeau-vaccine-protest-convoy-ottawa-1.6373636  |work=[[CBC News]] |access-date=21 April 2022}}</ref><ref>{{Cite news |last=Lapointe |first=Mike |date=28 March 2022 |title=Members of first-ever Emergencies Act review committee get down to work, split on Trudeau's invocation of order as work on witness list begins |url=https://www.hilltimes.com/2022/03/28/members-of-first-ever-emergencies-act-review-committee-get-down-to-work-split-on-trudeaus-invocation-of-order-as-work-on-witness-list-begins/352031  |work=[[The Hill Times]] |access-date=21 April 2022}}</ref>

Various government officials testified before the committee on April 26, including [[Canadian Security Intelligence Service]] Director [[David Vigneault]], RCMP Commissioner [[Brenda Lucki]], Minister of Public Safety Marco Mendicino, and [[Minister of Justice (Canada)|Minister of Justice]] [[David Lametti]].<ref name="Tunney1">{{Cite news |last=Tunney |first=Catherine |date=26 April 2022 |title=Ottawa Police Service's control of convoy protest zone created 'challenges,' minister says |url=https://www.cbc.ca/news/politics/rcmp-csis-committee-emergencies-act-1.6431376  |work=[[CBC News]] |access-date=27 April 2022}}</ref><ref>{{Cite news |last=Kirkup |first=Kristy |date=26 April 2022 |title=Decision to invoke Emergencies Act based on law enforcement advice, says Marco Mendicino |url=https://www.theglobeandmail.com/politics/article-decision-to-invoke-emergencies-act-based-on-law-enforcement-advice/  |work=[[Globe and Mail]] |access-date=27 April 2022}}</ref> Both Mendicino and Lametti invoked cabinet confidentiality in refusing to answer some questions.<ref name="Tunney1"/><ref>{{Cite news |last1=Kirkup |first1=Kristy |first2=Safiyah |last2=Marhnouj |date=26 April 2022 |title=Decision to invoke Emergencies Act based on law enforcement advice, says Marco Mendicino |url=https://www.theglobeandmail.com/politics/article-decision-to-invoke-emergencies-act-based-on-law-enforcement-advice  |work=[[The Globe and Mail]] |access-date=29 April 2022}}</ref>

==== Rouleau inquiry ====
{{main|Public Order Emergency Commission}}
On April 25, 2022, Trudeau appointed Justice [[Paul Rouleau]] as commissioner of an inquiry into the invocation of the ''Emergencies Act''.<ref name="Fraser2">{{Cite news |last=Fraser |first=David |date=25 April 2022 |title=Trudeau calls public inquiry into use of Emergencies Act during convoy protests |url=https://www.cbc.ca/news/canada/ottawa/emergencies-act-inquiry-justin-trudeau-1.6430084  |work=[[CBC News]] |access-date=25 April 2022}}</ref> The inquiry is independent of the parliamentary review committee.<ref name="Fraser1">{{Cite news |last=Fraser |first=David |date=21 April 2022 |title=Inquiry into Emergencies Act set to start soon |url=https://www.cbc.ca/news/canada/ottawa/inquiry-emergencies-act-1.6425037  |work=[[CBC News]] |access-date=21 April 2022}}</ref><ref name="Fraser2"/> By law, the inquiry was required to complete its report and submit it to Parliament by February 20, 2023.<ref name="Fraser1"/><ref name="Fraser2"/> The inquiry was scheduled initially to start on September 19 and run until October 28.<ref name="torontosun.com">{{Cite web |title=Emergencies Act inquiry will be delayed until October due to commissioner's illness |url=https://torontosun.com/news/national/emergencies-act-inquiry-will-be-delayed-until-october-due-to-commissioners-illness |access-date=2022-09-06 |website=windsorstar |language=en-CA}}</ref> Due to Justice Rouleau undergoing surgery, the inquiry was delayed,<ref name="torontosun.com"/> and the public hearings ran from October 13 to December 2.

A government press release said it is hoped investigations would "prevent these events from happening again".<ref name="Tunney1" /> Conservatives said the investigations were too focused on the actions of protesters and their fundraising, and not on justifying the use of the ''Emergencies Act'' or determining whether it was appropriate for it to have been invoked.<ref name="Tunney1" />

On February 17, 2023, Justice Rouleau released his 2,000-page final report, finding that the Trudeau government met the "very high threshold" for invoking the ''Emergencies Act'' after failures by police and politicians to address the protests.<ref name="GlobalVHT">{{Cite web |title=The Emergencies Act's 'very high threshold' was met, commissioner rules in major report {{!}} Globalnews.ca |url=https://globalnews.ca/news/9493106/emergencies-act-inquiry-report-ramifications/ |access-date=2023-02-27 |website=Global News |language=en-US}}</ref> Rouleau wrote that he reached his conclusion “with reluctance,”<ref name="GlobalVHT"/> and that reasonable and informed people could come to a different conclusion.<ref name="Tunney2">{{Cite news |first=Catharine |last=Tunney |title=Federal government met the threshold to invoke Emergencies Act: Rouleau |url=https://www.cbc.ca/news/politics/poec-report-released-friday-1.6750919 |access-date=2023-02-27 |work=[[CBC News]] |language=en-US}}</ref> Rouleau found that the freezing of bank accounts should have included a "delisting mechanism" and that it was unjust for individuals with no connection to the protests to be affected, but called that "unavoidable".<ref name="Tunney2"/><ref name="POEC final report"/> Rouleau criticized Trudeau for labelling the protesters a "fringe minority" during the protest, writing that the comments likely hardened their resolve and embittered them.<ref name="Tunney2"/><ref name="POEC final report">{{cite report |date=February 17, 2023 |url=https://publicorderemergencycommission.ca/final-report/ |title=Report of the Public Inquiry into the 2022 Public Order Emergency|access-date=February 27, 2023 |work=Public Order Emergency Commission (POEC) |isbn= 978-0-660-46654-5}}</ref>

Rouleau also made various recommendations to the government to improve policing, information sharing, and amend the Act, asking the government to provide its response within a year of his report.<ref name="Tunney4">{{Cite news |last=Tunney |first=Catharine |date=15 August 2023 |title=Update on Emergencies Act inquiry recommendations coming soon, says Ottawa |url=https://www.cbc.ca/news/politics/emergencies-act-recommendations-1.6936840  |work=[[CBC News]] |access-date=6 March 2024}}</ref><ref name="Tunney6">{{Cite news |last=Tunney |first=Catharine |date=6 March 2024 |title=Ottawa says it needs more time before updating controversial Emergencies Act |url=https://www.cbc.ca/news/politics/emergencies-act-recommendations-1.7134670 |work=[[CBC News]] |access-date=6 March 2024}}</ref> Following the announcement, Trudeau said the government would respond within six months of the report.<ref name="Tunney4"/> In August 2023, a government spokesperson said an update would be coming in "the coming days".<ref name="Tunney4"/> A year after the report was released, no government response had been provided.<ref name="Tunney5">{{Cite news |last=Tunney |first=Catharine |date=18 February 2024 |title=No response from Ottawa as deadline set by Emergencies Act commission passes |url=https://www.cbc.ca/news/politics/federal-government-emergencies-act-commission-respond-1.7118994 |work=[[CBC News]] |access-date=6 March 2024}}</ref><ref>{{Cite news |last=Walsh |first=Marieke |date=27 February 2024 |title=Delayed government response to Emergencies Act inquiry recommendations coming next week, public safety minister says |url=https://www.theglobeandmail.com/politics/article-delayed-government-response-to-emergencies-act-inquiry-recommendations/ |work=[[The Globe and Mail]] |access-date=6 March 2024}}</ref> In March 2024, Public Safety Minister Dominic LeBlanc said the government would need more time to respond, citing its appeal of a Federal Court ruling, and indicating steps could be taken at some point in the future.<ref name="Tunney6"/><ref>{{Cite news |last=Walsh |first=Marieke |date=6 March 2024 |title=Federal government delays decision on Emergencies Act changes, plans more consultation |url=https://www.theglobeandmail.com/politics/article-federal-government-delays-decision-on-emergencies-act-changes-plans/ |work=[[The Globe and Mail]] |access-date=6 March 2024}}</ref>
==== Federal Court ruling ====
{{Infobox court case
| name = Canadian Frontline Nurses v. Canada (Attorney General)
| Litigants = Canadian Frontline Nurses<br>[[Canadian Civil Liberties Association]]<br>[[Canadian Constitution Foundation]]<br>Kristen Nagle, Jeremiah Jost, Edward Cornell, Vincent Gircys, Harold Ristau
| court = [[Federal Court (Canada)|Federal Court of Canada]]
| date decided = 2024-01-29
| CourtSeal = 
| citations = 2024 FC 42
| Legislation_cited = Emergencies Act
| judge = [[Richard Mosley]]
}}
On January 23, 2024, Judge [[Richard Mosley]] of the [[Federal Court (Canada)|Federal Court]] ruled that the use of the Emergencies Act was unreasonable, ''[[ultra vires]]'', and that the Crown had violated [[Section 2 of the Canadian Charter of Rights and Freedoms|Section 2(b)]] and [[Section 8 of the Canadian Charter of Rights and Freedoms|Section 8]] of the Charter of Rights and Freedoms.<ref name="Tunney3">{{Cite news |first=Catharine |last=Tunney |date=2024-01-23 |title=Ottawa's use of Emergencies Act against convoy protests was unreasonable, violated Charter, court rules |url=https://www.cbc.ca/news/politics/emergencies-act-federal-court-1.7091891 |work=[[CBC News]] |access-date=2024-02-23 |language=en}}</ref><ref>{{Cite news |first=Ted |last=Raymond |date=2024-02-17 |title=Freedom Convoy: Which Charter rights did the Emergencies Act breach? |url=https://www.ctvnews.ca/ottawa/article/freedom-convoy-which-charter-rights-did-the-emergencies-act-breach/ |work=[[CTV News]] |access-date=2024-02-26 |language=en}}</ref> The court found that orders made under the act were "overbroad" infringing on the freedom of expression of protesters who did not intend to breach the peace, and that collecting of financial information from banks and freezing of bank accounts had amounted to unreasonable search and seizure.<ref name="Tunney3"/><ref name="FCNewsBulletin">{{Cite web |author=Federal Court of Canada |date=2024-01-23 |title=News Bulletin: Public Order Emergency |url=https://www.fct-cf.gc.ca/Content/assets/pdf/base/2024-01-23-News-Bulletin-Public-Order-Emergency.pdf |work=[[Federal Court of Canada]] |access-date=2024-02-23 |language=en}}</ref><ref>''Canadian Frontline Nurses v. Canada (Attorney General)'', 2024 FC 42, available on [[CanLII]] at [https://canlii.ca/t/k2d9l https://canlii.ca/t/k2d9l].</ref>

When asked about the ruling on the day of its release, Deputy Prime Minister [[Chrystia Freeland]] defended her government's actions, saying it was the correct decision at the time, and announced their intention to appeal.<ref>{{Cite news |first=Christopher |last=Nardi |date=2024-01-23 |title=Court rules Liberals' use of Emergencies Act was unjustified, unreasonable |url=https://nationalpost.com/news/canada/liberal-governments-invoking-of-emergencies-act-during-freedom-convoy-unreasonable-unjustified-ruling |work=[[National Post]] |access-date=2024-02-23 |language=en}}</ref><ref>{{Cite news |date=2024-01-23 |title=Freeland: Feds will appeal court ruling |url=https://www.ctvnews.ca/video/c2852829-freeland--feds-will-appeal-court-ruling/ |work=[[CTV News]] |access-date=2024-02-23 |language=en}}</ref> In February 2024, the government appealed the ruling.<ref>{{Cite news |author=CBC News |date=2024-02-23 |title=Ottawa appeals court decision calling use of Emergencies Act on convoy protests unreasonable |url=https://www.cbc.ca/news/politics/ottawa-appeals-emergencies-act-court-decision-1.7124513 |work=[[CBC News]] |access-date=2024-02-23 |language=en}}</ref>

==References==
{{reflist}}

==Works cited==
{{refbegin}}
* {{Cite journal|last=Atkey|first=Ronald G.|author-link=Ron Atkey|date=1991|title=Reconciling Freedom of Expression and National Security|journal=[[University of Toronto Law Journal]]|volume=41|issue=1|pages=38–59|doi=10.2307/825701|jstor=825701|issn=0042-0220}}
* {{cite book |author1=Emergency Preparedness Canada |title=Bill C-77: An Act to Provide for Safety and Security in Emergencies: Working Paper |date=1987 |publisher=Emergency Preparedness |location=Ottawa |oclc=977659651 |url=https://www.publicsafety.gc.ca/lbrr/archives/ke%205460%20b55%201987-eng.pdf}}
* {{Cite book|last1=Forcese|first1=Craig|last2=Freeman|first2=Aaron|url=https://archive.org/details/lawsofgovernment0067forc|url-access=registration|title=The Laws of Government: The Legal Foundations of Canadian Democracy|year=2005|publisher=Irwin Law|isbn=1-55221-105-3|oclc=60416249|pages=[[iarchive:lawsofgovernment0067forc/page/585/mode/1up|585–596]]}}
* {{Cite book|chapter=Emergencies|last1=Forcese|first1=Craig|last2=West|first2=Leah|year=2021|title=National Security Law|edition=2nd|publisher=Irwin Law|isbn=978-1-55221-611-8|oclc=1281711237|ssrn=3554318}}
* {{Cite thesis|type=L.L.M.|last1=Holthuis|first1=Annemieke E.|title=The Emergencies Act, the Canadian Charter of Rights and Freedoms, and International Law: The Protection of Human Rights in States of Emergency|date=1991|publisher=[[McGill University]]|url=https://www.bac-lac.gc.ca/eng/services/theses/Pages/item.aspx?idNumber=1265038446|oclc=1265038446}}
* {{Cite book|last1=Holthuis|first1=Annemieke|chapter=Maxwell Cohen's Perspective on Human Rights in Canada: The Entrenchment of the Charter and the Enactment of the Emergencies Act|editor-last1=Kaplan|editor-first1=William|editor-last2=McRae|editor-first2=Donald|url=https://archive.org/details/lawpolicyinterna0000unse|url-access=registration|title=Law, Policy and International Justice: Essays in Honour of Maxwell Cohen|year=1993|publisher=[[McGill–Queen's University Press]]|isbn=978-0-7735-6427-5|oclc=243500608|pages=[[iarchive:lawpolicyinterna0000unse/page/207/mode/1up|207–242]]}}
* {{cite journal|last1=Martin|first1=Robert|year=2005|title=Notes on Emergency Powers in Canada|url=https://journals.lib.unb.ca/index.php/unblj/article/view/29412|journal=[[University of New Brunswick Law Journal]]|volume=54|pages=161–177|issn=0077-8141}}
* {{cite journal|last1=Rosenthal|first1=Peter|author-link=Peter Rosenthal|year=1991|title=The New ''Emergencies Act'': Four Times the ''War Measures Act''|volume=20|issue=3|journal=[[Manitoba Law Journal]]|pages=563–599|id=1991 CanLIIDocs 129|url=https://www.canlii.org/en/commentary/doc/1991CanLIIDocs129 |issn=0076-3861}}
* {{cite journal|last1=Stacey|first1=Jocelyn|title=Vulnerability, Canadian Disaster Law, and the Beast|year=2018|journal=[[Alberta Law Review]]|volume=55|issue=4|pages=853–888|id=2018 CanLIIDocs 85|url=https://www.canlii.org/en/commentary/doc/2018CanLIIDocs85|doi=10.29173/alr2480|doi-access=free|s2cid=158539719|issn=1925-8356}}
* {{Cite book|last=Studin|first=Irvin|author-link=Irvin Studin|title=The Strategic Constitution: Understanding Canadian Power in the World|year=2014|isbn=978-0-7748-2716-4|publisher=[[University of British Columbia Press]]|oclc=870269277}}
* {{Cite book|last1=Weinrib|first1=Lorraine E.|chapter=Terrorism's Challenge to the Constitutional Order|url=https://archive.org/details/securityoffreedo00dani_1|url-access=registration|title=The Security of Freedom: Essays on Canada's Anti-Terrorism Bill|year=2001|publisher=[[University of Toronto Press]]|editor-last1=Macklem|editor-first1=Patrick|editor-last2=Roach|editor-first2=Kent|editor-link2=Kent Roach|editor-last3=Daniels|editor-first3=Ronald J.|editor-link3=Ronald J. Daniels|isbn=978-1-4426-8233-7|oclc=244768716|pages=[[iarchive:securityoffreedo00dani 1/page/93/mode/1up|93–108]]}}
{{refend}}

== Further reading ==
* Lazar, Nomi Claire (2009). ''[https://www.amazon.ca/States-Emergency-Liberal-Democracies-Claire/dp/0521449693 States of Emergency in Liberal Democracies]''. Cambridge University Press.
* Lazar, Nomi Claire; Stacey, Jocelyn, eds. (2023). [https://themanitobalawjournal.com/volumes/ ''Canada's Emergencies Act: Beyond the Rouleau Report''], Manitoba Law Journal 46(1). 
* {{cite book |last1=Niemczak |first1=Peter |last2=Rosen |first2=Philip |title=Emergencies Act |date=2001 |publisher=Canada. Library of Parliament. Parliamentary Research Branch. |url=https://publications.gc.ca/pub?id=9.561084&sl=0}}

==External links==
* [http://laws-lois.justice.gc.ca/eng/acts/E-4.5/ ''Emergencies Act''] via [[Department of Justice Canada]]
* {{Cite news|date=February 14, 2022|title=Full text of Justin Trudeau's Emergencies Act announcement|work=[[Toronto Star]]|url=https://www.thestar.com/news/canada/2022/02/14/full-text-of-justin-trudeaus-emergencies-act-announcement.html|issn=0319-0781}}
* [https://orders-in-council.canada.ca/attachment.php?attach=41560&lang=en ''Special Temporary Measures for Public Order Emergency'', PC 2022-0106], text of 2022 order in council invoking the act
* [https://www.gazette.gc.ca/rp-pr/p2/2022/2022-02-15-x1/html/sor-dors20-eng.html ''Proclamation Declaring a Public Order Emergency'', SOR/2022-20], published in the ''[[Canada Gazette]]''

{{Brian Mulroney}}
{{Justin Trudeau}}
{{Canada convoy protest}}
{{Authority control}}

[[Category:1988 in Canadian law]]
[[Category:Canadian federal legislation]]
[[Category:Emergency laws]]
[[Category:Legal history of Canada]]
[[Category:Justin Trudeau controversies]]