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Federal government’s decision to invoke Emergencies Act against convoy protests was unreasonable, court rules

A federal judge says the Liberal government’s use of the Emergencies Act in early 2022 to clear convoy protesters was unreasonable.

“I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires,” Federal Court Justice Richard Mosley wrote in a Tuesday decision. “Ultra vires” is a Latin term used by courts to refer to actions beyond the scope of the law.

Deputy Prime Minister Chrystia Freeland told reporters at a cabinet retreat in Montreal that the government plans to appeal the decision.