Judge rules Manitoba's public health orders were necessary, reasonable and justified
A Manitoba judge has ruled the province’s public health orders were neither unconstitutional nor an undemocratic delegation of power.
Court of Queen’s Bench Chief Justice Glenn Joyal released the ruling Thursday in two decisions stemming from a Charter challenge brought forward by a group of churches.
The decision found the restrictions were a reasonable response to COVID-19 based on credible science.
Lawyers for the applicants, a group made up of seven Manitoba churches and three individuals, argued the province’s COVID-19 restrictions, specifically those in effect from November 2020 to January 2021, infringed on their Charter rights to hold religious, public and private gatherings.
Joyal ruled, as conceded by the province, that “the impugned public health orders do indeed limit and restrict the applicants’ rights and freedoms.”
But in a 156-page decision Joyal wrote they, “are constitutionally justifiable as reasonable limits under s.1 of the Charter.”
Joyal concluded in a separate decision the delegation of power to the chief public health officer, in this case Dr. Brent Roussin, is a constitutional and democratically legitimate way of responding to an evolving and rapidly changing pandemic.
“I am persuaded by the evidence of Manitoba’s experts and I find that the credible science that they invoked and relied upon, provides a convincing basis for concluding that the circuit-break measures, including those in the impugned public health orders, were necessary, reasonable and justified,” Joyal ruled.
Karen Busby, a University of Manitoba law professor, said it’s an outcome several legal experts expected following a two-week trial held this past May.
“There was a legitimate reason to limit the freedom of religion in this context and that’s not a surprise, that’s pretty consistent with what’s been held in other cases across the country,” Busby said.
The Justice Centre for Constitutional Freedoms which represented the applicants said it’s disappointed in the decisions and the unwavering authority given to public health officials. It’s still reviewing the ruling and is considering an appeal.
The organization came under fire in July after Joyal called a special hearing where it was revealed a private investigator had been hired to follow him while he was presiding over the case. Joyal told court at the time the situation would have no impact on his ruling.
Cameron Friesen, Manitoba’s Justice Minister, said in a statement the decisions uphold the government’s position: that the public health orders do not violate the Charter of Rights and Freedoms.
“Those measures are demonstrating their value even now, as we continue to see a stabilizing of the daily case counts, even while other jurisdictions are experiencing very significant case spread and hospitalizations,” Friesen said.
Joyal ruled he found no convincing evidence less intrusive measures might have been equally as effective in responding to the real-time emergency and the impact on Manitoba’s health care system.
Manitoba lawyer Allison Pejovic, who’s representing the applicants, said Thursday any appeal would be restricted to dealing with the measures that were in place when the case was filed.
Pejovic said any challenge to new restrictions on unvaccinated people would require a new legal challenge.
CTVNews.ca Top Stories
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
BREAKING Ottawa public school board, 3 Toronto-area school boards launch lawsuit against social media giants
The Ottawa-Carleton District School Board and three school boards in the Toronto-area have launched legal action against social media giants, accusing them of "disrupting students' fundamental right to education."
Doctors visiting a Gaza hospital are stunned by the war's toll on Palestinian children
An international team of doctors visiting a hospital in central Gaza was prepared for the worst. But the gruesome impact Israel’s war against Hamas is having on Palestinian children still left them stunned.
Crypt near Marilyn Monroe and Hugh Hefner could fetch US$400,000 at auction
A one-space mausoleum crypt in the vicinity of Marilyn Monroe and Hugh Hefner will go on auction Saturday, when it is expected to reach between US$200,000 and $400,000.
This Toronto restaurant is no longer accepting tips. Here's how it's going
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff – tipping is no longer accepted.
A fight to protect the dignity of Michelangelo's David raises questions about freedom of expression
Michelangelo's David has been a towering figure in Italian culture since its completion in 1504. But in the current era of the quick buck, curators worry the marble statue's religious and political significance is being diminished.
A Nigerian woman reviewed some tomato puree online. Now she faces jail
A Nigerian woman who wrote an online review of a can of tomato puree is facing imprisonment after its manufacturer accused her of making a “malicious allegation” that damaged its business.
Premiers not being truthful about carbon tax, Trudeau says while sparks fly in Ottawa
Prime Minister Justin Trudeau says Conservative premiers across the country are 'not telling the truth' when it comes to the carbon tax. Trudeau's comments came as fresh sparks were flying in Ottawa at a recalled House of Commons committee.
Far North police 'dispatch' polar bear stalking schoolyard
Police and local hunters in an Ontario Far North First Nation community have “dispatched” a polar that was showing abnormal behaviour and treating the area as a hunting ground.