Emergencies Act

CCLA did not object to the government or police taking action in Ottawa, but rather with how the government did so. By invoking the Emergencies Act, Cabinet gave itself the power to enact wide-reaching orders without going through the ordinary democratic process. Using this Act, the federal government gave police increased authority to shut down peaceful protests, on any issue, right across Canada. These emergency orders, while in force, could be used by local police services in any jurisdiction across the country.

On the day the government proclaimed a state of emergency CCLA spoke out to say that the legislative thresholds in the Emergencies Act—legal standards intended to protect core democratic processes—had not been met.  

The government revoked the proclamation of emergency on February 23, 2022. Even though the orders are no longer in force, Canadians are left with the precedent that the government’s actions have set and uncertainty about when the government might make use of this extraordinary legislation again.

CCLA is concerned with the long game. We do not believe that Cabinet today, or a different government in the future, should give itself extraordinary powers unless the situation clearly meets the very high standards required by the Emergencies Act. Any orders passed under the Emergencies Act must also be targeted and proportional—as required by the constitution.

CCLA continues to believe that there was an insufficient legal basis for resort to the Emergencies Act and that the orders the government passed under this legislation were unconstitutional. We also continue to believe that it is important for the courts to consider the legal threshold and constitutional issues so as to guide the actions of future governments. We will continue to move forward with our court case, and plan on being involved in the various reviews of the government’s extraordinary actions.