The decision follows an application for judicial review launched by the Canadian Constitution Foundation, the Canadian Civil Liberties Association, and several other applicants in 2022 after the emergency measures were used to end the Freedom Convoy protests in Ottawa.

The measures controversially allowed the government to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in assemblies the government deemed illegal.

The court declared that the decision to issue the Proclamation and associated Regulations and Order was unreasonable and beyond the scope of the Emergencies Act.