Supreme Court of Canada Grants Ottawa Leave to Appeal Emergencies Act Rulings

Canada’s legal battle over the 2022 Emergencies Act is heading to the country’s highest court. On October 22, 2026, the Supreme Court of Canada granted Ottawa leave to appeal two lower-court rulings concerning the federal government’s February 2022 invocation of the Act against the Ottawa protests.

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In January 2024, the Federal Court ruled against the government, finding the invocation unlawful and a violation of Charter rights. The Federal Court of Appeal unanimously upheld that ruling in January 2026, concluding there were no reasonable grounds for declaring a national emergency.

The Supreme Court will now decide whether to hear full arguments in the case, a decision that could set a lasting precedent on how the Emergencies Act may be used in the future.

The appeal marks the latest chapter in a years-long court fight over the powers deployed during the 2022 Ottawa demonstrations.

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