COVID-19
Saskatchewan protestors ask Supreme Court to hear their challenge to gathering restrictions
News release from the Justice Centre for Constitutional Freedoms
The Justice Centre for Constitutional Freedoms announces that Jasmin Grandel and Darrell Mills intend to take their constitutional challenge to Saskatchewan’s Covid gathering restrictions to the Supreme Court of Canada. On May 15, 2024, the Saskatchewan Court of Appeal dismissed their case. Today, our lawyers applied for leave to appeal their case to Canada’s highest court in a potentially precedent-setting case about the freedom of peaceful assembly.
On December 19, 2020, Ms. Grandel and Mr. Mills participated in a peaceful protest against the Government of Saskatchewan’s Covid lockdown measures at the Vimy Memorial in Saskatoon’s Kiwanis Park. Police ticketed them for attending a protest exceeding Saskatchewan’s 10-person outdoor gathering limit.
Jasmin Grandel, a young mother, attended peaceful protests to express her concerns about the lack of transparency surrounding government restrictions. She was especially concerned about the requirement that her son wear a mask in kindergarten.
Darrell Mills, certified in Mask Fit Testing and trained in supplied air breathing systems, also attended peaceful demonstrations to voice his concerns about improper mask usage and the significant burdens mask mandates placed on persons with physical or psychological conditions.
On April 7, 2021, our lawyers filed a constitutional challenge to these gathering restrictions at the Saskatoon Court of Queen’s Bench on behalf of Ms. Grandel and Mr. Mills. They argued that the gathering restrictions violated their freedoms of expression, peaceful assembly, and association – protected by the Canadian Charter of Rights and Freedoms. That challenge was heard by the Court on June 29, 2022.
Unfortunately, while it was conceded that the gathering restrictions did limit their freedom of expression, the Court ruled that the limitation was justified. Further, the Court found that, because the limitation on freedom of expression was justified, the limitations on the freedoms of peaceful assembly and association were also justified without the need for independent analysis of those rights.
Ms. Grandel and Mr. Mills were not deterred, appealing that decision on August 14, 2023. In yet another setback, however, their appeal was dismissed on May 15, 2024, by the Court of Appeal for Saskatchewan in a unanimous decision upholding the lower Court’s findings.
They are now asking the Supreme Court of Canada to hear their case. On August 14, 2024, our lawyers filed a Notice of Application for Leave to Appeal to the Supreme Court. If granted, they will argue that Saskatchewan’s Covid gathering restrictions were primarily an unjustifiable limitation of the freedom of peaceful assembly, which was not centrally considered. The Supreme Court has an opportunity to develop a more robust legal framework for addressing limitations to that freedom.
Our lawyers argue that, in many cases where the government has violated multiple Charter freedoms, particularly the freedoms of expression, assembly and association, courts tend to focus on limitations to freedom of expression only. In other words, courts tend to find an independent analysis of violations of other rights unnecessary. If a court finds that the government justifiably limited freedom of expression, they tend to find that the government justifiably limited the freedom of peaceful assembly if it were to have been infringed.
Canadian courts ought to develop a test for addressing violations to the freedom of peaceful assembly. Today, two Saskatchewan citizens have asked the Supreme Court to develop such a test and to apply it to gathering restrictions that impacted more than a million residents. If this case is heard by the Supreme Court, it could have a profound impact on the fundamental freedoms of Canadians.
Lawyer Andre Memauri says, “Our request for leave to appeal in this matter seeks to address concerns with how Charter violations are addressed within the section 1 analysis, when numerous Charter violations are engaged. Additionally, there exists a void in jurisprudence with respect to a test in how to address the guarantee of peaceful assembly directly, and we are hoping the Supreme Court of Canada provides guidance on this increasingly important matter to Canadians.”
COVID-19
Freedom Convoy’s Tamara Lich shares heartfelt letter from children: ‘God will be by your side’
From LifeSiteNews
Ahead of the announcement of the verdict from her trial in Canada, the Freedom Convoy co-leader posted on X the ‘beautiful letter’ from a 4-year-old and 8-year-old.
With a few weeks until a verdict is released, Freedom Convoy leader Tamara Lich shared a heartwarming letter she received from a child, who told her to “keep fighting” for everyone and that “God will protect” her from the “enemy.”
Lich shared an image of the letter Thursday on X, writing, “Feels like a good day to share this beautiful letter I received from some very wise children.”
The letter, which was handwritten and sent to Lich by 4-year-old Zavier and 8-year-old Alanis, has the title “God loves You.”
“Thank you for fighting for everyones FREEDOM. God will be by your side and God will protect you from the enemy,” the letter reads.
“With God everything is possible. Stay strong we are praying for you every step of the journey.”
Lich was arrested on February 17, 2022, in Ottawa. Co-leader Chris Barber was arrested the same day.
Lich and Barber’s trial concluded in September 2024, more than a year after it began. It was originally scheduled to last 16 days.
As reported by LifeSiteNews, Lich and Barber’s verdict will be announced on March 12.
They both face a possible 10-year prison sentence. LifeSiteNews reported extensively on their trial.
As reported by LifeSiteNews, Lich recently spelled out how much the Canadian government has spent prosecuting her and Barber for their role in the protests. She said at least $5 million in “taxpayer dollars” has been spent thus far, with her and Barber’s legal costs being above $750,000.
In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.
During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse and one conservative female reporter was beaten by police and shot with a tear gas canister.
Trudeau revoked the EA on February 23.
The EA 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.
From LifeSiteNews
Ontario Superior Court Justice Charles Hackland ruled that Pat King must serve three months of house arrest and dedicate 100 hours to community service for his participation in the 2022 Freedom Convoy
Freedom Convoy participant Pat King has been given a 3-month conditional sentence for his role in the 2022 Freedom Convoy protest against COVID mandates.
On February 19, Ontario Superior Court Justice Charles Hackland ruled that King must serve three additional months of house arrest and dedicate 100 hours to community service for his role in the Freedom Convoy. King’s sentence would have been 12 months, but the court gave him credit for time served prior to his trial.
“In the court’s opinion, there is a social harm to unduly elevating the sentencing rules of denunciation and deterrence in the context of political protests to result in punitive sentences at the top of the sentencing range,” Hackland wrote, explaining why he did not opt to sentence King to a whopping 10-year prison sentence, as the Crown prosecutors had advocated for.
“The risk is that an overly severe sentence of imprisonment in the context of legitimate, constitutionally protected activity can have the effect of creating a chill or fear of participation in political expression,” he continued.
In November, King was found guilty of two counts of disobeying a court order, one count of mischief, one count of counselling others to commit mischief, as well as one count of counselling others to obstruct police.
King’s charges are in relation to his role in the 2022 Freedom Convoy which featured thousands of Canadians camping out in downtown Ottawa to call for an end to the COVID regulations and vaccine mandates in place at the time.
Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14, 2022, to put an end to the popular convoy. Trudeau revoked the EA on February 23, but only after using the powers granted by the legislation to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in the assembly.
The two main Freedom Convoy leaders, Tamara Lich and Chris Barber, are still awaiting their verdicts for their involvement in the 2022 protests. Like King, if convicted, they face a maximum prison sentence of 10 years.
While some of the most notable people involved in the protest, like Lich and Barber, face a slew of charges that come with potentially harsh sentences, other protesters charged for participating have seen their charges dropped.
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