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ARTICLE · 05 FEBRUARY 2024

Federal Court Finds Emergencies Act Orders Exceed Government's Powers

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In Canadian Frontline Nurses et al. v. Canada (Attorney General), 2024 FC 42, the Federal Court held that the Government of Canada's decision to deploy powers under the Emergencies...

CanadaGovernment, Public Sector
Kylie de Chastelain
Kylie de Chastelain
Yael Bienenstock
Yael Bienenstock
David Outerbridge
David Outerbridge
Andrew Bernstein
Andrew Bernstein
Jeremy Opolsky
Jeremy Opolsky
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In Canadian Frontline Nurses et al. v. Canada (Attorney General), 2024 FC 42, the Federal Court held that the Government of Canada's decision to deploy powers under the Emergencies Act to curtail convoy protests in 2022 was unreasonable and breached Canadians' Charter rights.

What you need to know

  • Although the Emergencies Act (the Act) includes accountability mechanisms, judicial review is still appropriate. The Act incorporates extensive checks on government power in the case of an emergency declaration, including a parliamentary review committee and the authority to initiate an inquiry, which was undertaken here. Despite these provisions, the Court held that judicial review of government action remains available, particularly where significant and broad powers are exercised.

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