Charter Rights Vs Public Health Restrictions Ruling
By: Maria Garcia Manzano, AEIC of The Quill
Photo Credits: CTV News Winnipeg
Last December, a group of seven rural churches and three individuals brought a court challenge against the restrictions being imposed due to the pandemic as a violation of their charter rights. On October 21, 2021, a Manitoba judge ruled that the restrictions were not violating Manitoban's Charter rights.
The seven rural churches argued that the measures were an unjustified violation of their charter-protected freedoms of conscience, religion, expression, and peaceful assembly. However, Chief Justice Glenn Joyal of the Court of Queen's Bench said that he found the public health orders were a reasonable limitation on individuals' charter rights within the pandemic scope. Justice Joyal noted that Manitoba's chief public health officers did have the authority to execute the public health orders imposed. Furthermore, he said that fundamental freedoms should not disappear in a pandemic but that the Manitoba government had to make quick and decisive decisions to control the virus and save lives.
He further elaborated on the testimony given by those who were able to exercise the necessary authority in Manitoba public health, saying he viewed the witnesses as credible and reliable and accepted that the restrictions were based on well-accepted public health consensus. On the other hand, the opposing side failed to make a convincing argument that there was insufficient proof to justify the restrictions calling their evidence at best "a contrary if not contrarian scientific point of view." (Justice Joyal)
In conclusion, Thursday's court decision confirms the provincial government's position that the public health orders issued during the pandemic do not violate the Charter of Rights and Freedoms and that the chief provincial public health officer does have the authority to issue them.
For more information about this court decision go to: https://www.cbc.ca/news/canada/manitoba/manitoba-churches-charter-challenge-covid-decision-1.6217925