McCarthy Tétrault Represents Attorney General of Canada in High‑Profile Appeal

McCarthy Tétrault LLP represented the Attorney General of Canada in a high‑profile appeal before the Federal Court of Appeal concerning the invocation of the Emergencies Act in response to the Freedom Convoy protests and blockades. The appeal considered whether the Governor in Council exceeded the scope of its statutory powers or breached the Canadian Charter of Rights and Freedoms in declaring a public order emergency.

The Federal Court of Appeal agreed with the Attorney General of Canada on a number of Charter issues, while upholding the lower court’s finding that the Governor in Council exceeded the scope of the Emergencies Act.

The measures at issue were adopted in the context of what became known as “Freedom Convoy 2022,” which involved hundreds of vehicles converging on the national capital beginning on January 28, 2022. The protests opposed Canada’s public health response to the COVID‑19 pandemic, including new vaccination requirements for cross‑border truck drivers.

McCarthy Tétrault LLP represented the Attorney General of Canada with a team led by Michael Feder, K.C. and Connor Bildfell.