The emergencies act doesn't allow for using military in the event of a public welfare emergency, as you seem to implying. It doesn't even allow for the federal government to order the police around
> 9 (1) Nothing in a declaration of a public welfare emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction.
Just want to mention that notwithstanding clause doesn’t apply to mobility rights for what it’s worth. Section 1 of the charter also allows a lot of latitude.
The court used the section 1 of the charter in that case, not the notwithstanding clause.
Also CCLA is appealing that case if I remember reading right.