Former MPP Randy Hillier faces charges for protesting Covid restrictions
In response to inconsistent and often overblown predictions about Covid, the Government of Ontario first declared a state of emergency on March 17, 2020. Under the pretense of “two weeks to flatten the curve,” the resulting lockdowns devastated small businesses and led to large-scale societal harm in the form of increased unemployment and poverty, cancelled surgeries, the loss of personal liberty, and even death from delayed medical procedures.
On April 8, 2021, former Member of Provincial Parliament (MPP) Randy Hillier attended the South Bank Bistro Restaurant in Brockville, Ontario, to peacefully protest Covid lockdown measures and the Ontario government’s Stay-at-Home Order, which came into force on the same date.
On May 1, 2021, after an extension of the Stay-at-Home Order, Mr. Hillier was invited to attend another peaceful protest against lockdowns, which took place in Cornwall, Ontario. Mr. Hillier spoke to a group of protestors, emphasizing the importance of Canadians’ fundamental freedoms as guaranteed by the Canadian Charter of Rights and Freedoms.
As a result of attending these protests, Mr. Hillier was charged under the Reopening Ontario Act for failing to comply with an Order. If found guilty, he could be fined up to $100,000 and spend one year in prison. In addition, Mr. Hillier was charged with hosting/organizing a public event where the number of those in attendance exceeded the number permitted under an Order, for which the minimum penalty was $10,000.
Randy Hillier challenges Covid lockdowns in Court
On June 6, 2023, Justice Centre lawyers filed a court challenge against Public Health Orders in the Ontario Superior Court on behalf of Mr. Hillier. Read Mr. Hillier’s factum here: Factum of the Applicant.
Although the Stay-at-Home Order and outdoor gathering restrictions are no longer in effect, the consequences of these authoritative measures continue to impact many Ontarians facing fines and potential imprisonment.
Ontario Covid lockdowns violate freedom of peaceful assembly
On January 12, 2021, the Ontario government again declared a state of emergency and imposed a Stay-at-Home Order, stating, “We need people to go out only for essential trips to pick up groceries or go to medical appointments. By doing the right thing and staying home, you can stay safe and save lives.”
The Ontario government declared its third state of emergency on April 7, 2021, which was followed by another Stay-at-Home Order issued under the Emergency Management and Civil Protection Act, requiring everyone to remain at home except for essential purposes, such as going to the grocery store or pharmacy, accessing health care services (including getting vaccinated), exercising outdoors, or performing work that could not be performed remotely.
From March 17, 2020, onwards, the Ford government repeatedly declared and extended lockdown orders. The Stay-at-Home Order in response to the third state of emergency, which was extended on May 1, 2021, not only prohibited visiting friends and family and holding small gatherings but also put a complete ban on peaceful protests. It became illegal to exercise the fundamental Charter freedoms of association and peaceful assembly without facing the threat of fines and even jail.
Mr. Hillier’s challenge was heard on July 27 and 28, 2023, before Justice Callaghan at the Ontario Superior Court of Justice in Toronto. At that hearing, Justice Centre lawyers argued that the Stay-at-Home Order and outdoor gathering restrictions violated Charter-protected rights, such as the freedom of peaceful assembly.
Experts highlight harms of Covid measures in Ontario court challenge
Three expert reports were filed on behalf of the Applicant.
Medical anthropologist Dr. Kevin Bardosh set out the harms of lockdown measures and other Covid restrictions in Canada. He examined the social cost of the measures, including increased depression, substance abuse and suicide, along with decreased trust in public institutions.
The report of Dr. Bardosh showed alarming mental health deterioration during the pandemic among Canadians, including psychological distress, insomnia, depression, fatigue, suicide ideation, self-harm, anxiety disorders and deteriorating life satisfaction – caused in no small part by prolonged lockdowns. Many studies show that mental health continued to decline in 2021 compared to 2020. The expert report also provides abundant data about other lockdown harms, including drug overdoses, a rise in obesity, unemployment, and the destruction of small businesses, which were prevented from competing with big-box stores.
Another expert report, prepared by Dr. Joel Kettner, former Chief Medical Officer of Manitoba, discussed the factors governments needed to take into consideration before implementing public health measures. Dr. Kettner stated that public health measures must be measurable, temporary, and demonstrably connected to public health goals. He also noted that lockdown measures should be monitored for any harms they produce.
Court dismisses Randy Hillier’s challenge to Ontario Covid lockdowns
On November 22, 2023, the Justice Centre was disappointed to learn that the Ontario Superior Court of Justice had dismissed Mr. Hillier’s constitutional challenge to Ontario’s 2021 Stay-At-Home Order in a decision that limited the Charter right of Canadians to assemble peacefully.
Lawyer Chris Fleury, representing Mr. Hillier in this matter, stated, “Throughout 2021 and 2022, Ontario imposed some of the harshest lockdowns globally. The justification continues to be that Ontario’s healthcare system risked being overburdened. Justice Callaghan’s decision correctly notes that Ontario has the lowest hospital beds per capita of any OECD jurisdiction. It is distressing to think that the government’s severe mismanagement of healthcare over the course of decades can become a justification for the infringement of Charter rights, and the decision to put every single Ontarian on house-arrest-style conditions. Mr. Hillier and I are very disappointed with this outcome and will be reviewing the decision closely to decide whether or not to appeal.”
Justice Centre President John Carpay remarked, “The court has deliberately ignored the abundant evidence of lockdown harms that was put before the court and, therefore, has no rational basis for affirming the government’s severe and prolonged violations of Charter rights and freedoms.”
Mr. Hillier still faces five tickets for participating in peaceful protests against Covid restrictions.
Randy Hillier appeals decision upholding Covid gathering restrictions
Mr. Hillier and his legal team chose to appeal the decision. A Notice of Appeal was filed on January 10, 2024. The Appellant’s Factum was filed on February 21, 2024. The government filed their Respondent Factum on May 22, 2024.
The Appeal hearing occurred on September 19, 2024, at the Ontario Court of Appeal in Osgoode Hall, 130 Queen St. W. Toronto, beginning at 10:30 a.m. ET.
Mr. Hillier’s Appeal argued that, among other things, Justice Callaghan erred in applying the Oakes test. As the Notice of Appeal states, Justice Callaghan “fail[ed] to recognize that a complete ban on Charter protected activity is subject to a more onerous test for demonstrable justification at the minimal impairment and proportionality branches of Oakes.”
Justice Callaghan’s ruling did not reference any evidence of lockdown harms within the expert report of Dr. Kevin Bardosh, and he stated that Dr. Bardosh is “not a public health expert” without explaining this opinion.
Mr. Hillier said, “September 19, 2024, will become an historic day in Canada; either a day to be celebrated or a day to remember with shame. The Ontario Court of Appeal will determine whether Canadians are fundamentally free to gather and peacefully protest government policies as an unalienable right, or if politicians have license to criminalize their political opposition.”
Lawyer Chris Fleury stated, “Ontario’s decision to put every single citizen on a form of house arrest for 55 days was a measure not seen outside of totalitarian states. It was unscientific and overwhelmingly harmful. Most importantly for this appeal, it was not minimally impairing of Mr. Hillier’s right to assemble for peaceful protest.”
We are waiting to hear from the Ontario Court of Appeal.
