[2][3] The impetus for reform of the War Measures Act came in October 1970 when members of the Front de libération du Québec (FLQ) kidnapped Pierre Laporte (the provincial labour minister) and British diplomat James Cross.
These events, called the October Crisis, resulted in Prime Minister Pierre Trudeau invoking the War Measures Act for the first time during peacetime.
[10] The Task Force on Canadian Unity, established by the Government of Canada after the sovereigntist Parti Québécois was elected in Quebec in 1976 also called for reform of the War Measures Act, including a declaration of use providing the rationale, greater parliamentary oversight, safeguards for provincial powers, and safeguards for individual liberties.
[14] The Emergencies Act was introduced by Minister of National Defence Perrin Beatty[15] in the second session of the 33rd Canadian Parliament as Bill C-77.
[19] Parliament intended it to provide more civil rights protections and less likelihood for abuse of power than the War Measures Act.
[23] Another amendment made after second reading allowed government decisions under a declared emergency to be reviewed by the courts based on whether the actions taken were reasonable.
[17][38] Section 7 of the act states a public welfare emergency declaration persists for 90 days, subject to being extended through another proclamation, or ended earlier.
When defining "threats to the security of Canada", the act references the definition provided in the Canadian Security Intelligence Service Act, which includes espionage, sabotage, detrimental foreign influences, activities which support the threat or use of violence for a political, religious or ideological objective; or those activities which threaten to undermine or otherwise destroy, or overthrow the Government of Canada.
[42] Section 18 of the act states a public order emergency declaration persists for 30 days, subject to being extended through another proclamation, or ended earlier.
[43][44] Peter Rosenthal likened the purpose of an international emergency to events similar to the Cuban Missile Crisis.
[45] Section 29 of the act states an international emergency declaration persists for 60 days, subject to being extended through another proclamation, or ended earlier.
Section 39 of the act states a war emergency declaration persists for 120 days, subject to being extended through another proclamation, or ended earlier.
[33] On April 9, 2020, Prime Minister Justin Trudeau sent a letter to the provincial and territorial premiers to consult about invoking the Emergencies Act due to the COVID-19 pandemic in Canada.
[51] While consultation with the provinces is a required step before a national emergency can be declared, the Prime Minister's Office said there was no present plan to invoke it and that doing so remained a last resort.
Additionally the use, provision, collection, and solicitation of property and funds to support the prohibited assemblies or the people participating in them was banned.
[68][69] Immediately after the vote, interim Conservative leader Candice Bergen filed a motion to revoke the declaration of emergency under section 59.
[76] On February 18, it filed for judicial review of the government's decision to invoke the Emergencies Act, claiming the invocation was unjustified and unconstitutional.
[79] On February 19, Alberta Premier Jason Kenney also said that the province would file a court challenge to the federal government's use of the law.
[81] On February 20, Edward Snowden compared the freezing of bank accounts to similar actions by the Chinese and Russian governments, and commended the Canadian Civil Liberties Association for its challenge to the use of the law.
[92] In April, in response to disclosure requests in the legal challenge, the Canadian government declined to disclose documents related to the use of the act, citing cabinet confidentiality.
[98][100] On April 25, 2022, Trudeau appointed Justice Paul Rouleau as commissioner of an inquiry into the invocation of the Emergencies Act.
[102] Due to Justice Rouleau undergoing surgery, the inquiry was delayed,[102] and the public hearings ran from October 13 to December 2.
[98] Conservatives said the investigations were too focused on the actions of protesters and their fundraising, and not on justifying the use of the Emergencies Act or determining whether it was appropriate for it to have been invoked.
[98] On February 17, 2023, Justice Rouleau released his 2,000-page final report, finding that the Trudeau government met the "very high threshold" for invoking the Emergencies Act after failures by police and politicians to address the protests.
[104] Rouleau found that the freezing of bank accounts should have included a "delisting mechanism" and that it was unjust for individuals with no connection to the protests to be affected, but called that "unavoidable".
[108][109] In March 2024, Public Safety Minister Dominic LeBlanc said the government would need more time to respond, citing its appeal of a Federal Court ruling, and indicating steps could be taken at some point in the future.
[111][113][114] When asked about the ruling on the day of its release, Deputy Prime Minister Chrystia Freeland defended her government's actions, saying it was the correct decision at the time, and announced their intention to appeal.