In May of 2021, the Justice Centre filed a constitutional challenge at the Saskatoon Court of Queen’s Bench on behalf of two anti-lockdown protesters who were ticketed for attending peaceful outdoor protests that exceeded Saskatchewan’s 10-person outdoor gathering limit.
Jasmin Grandel, a young mother, attended peaceful protests to share her concerns with the lack of transparency regarding the information on which Government of Saskatchewan’s requirements and restrictions are based, including the requirement that her son must wear a mask in kindergarten.
Darrell Mills, who is 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 placed on persons with physical or psychological conditions, which prevent them from wearing masks.
For peacefully protesting and publicly expressing their opinions, Ms. Grandel and Mr. Mills were each issued hefty fines. They are only two of several individuals who have received tickets for peacefully protesting government restrictions.
Meanwhile, numerous protests on other issues occurred in Saskatchewan during Covid, and there is no indication that individuals protesting on these other issues have been issued any tickets. In fact, a series of Black Lives Matter rallies took place in Regina in June of 2020 and Regina Police Chief Evan Bray himself, along with other officers, attended a large Black Lives Matter rally with hundreds of people and other police officers, while the Government’s 10-person limit for outdoor gatherings was in effect. Moreover, just three days prior, Premier Scott Moe and Chief Medical Health Officer, Dr. Saqib Shahab openly endorsed and supported the large protests, despite the outdoor gathering restrictions.
The filed court document alleged that prohibiting outdoor protests in excess of 10 people violates the freedoms of thought, belief, opinion and expression, peaceful assembly and association, guaranteed under the Canadian Charter of Rights and Freedoms. The legal action asserted that prohibiting outdoor protests in excess of 10 people is not justified. While hundreds of people are permitted to gather in indoor facilities to shop or dine, only 10 people are permitted to gather outdoors, regardless of physical distancing or the size of the public space utilized. Further, Dr. Shahab himself has stated that outdoor gatherings are safer than indoor gatherings.
The matter was argued before the Saskatchewan Court of Queen’s Bench in Saskatoon on June 29, 2022 and on September 20, 2022, a decision of the Court of King’s Bench ruled that a 10-person limit on outdoor protests violated the freedom of expression but was justified.
A Notice of Appeal was filed on October 20, 2022, and counsel for Ms. Grandel and Mr. Mills will seek to overturn the lower court’s findings that the outdoor gathering restrictions were justified. Amongst other grounds, the main points of the appeal include the Court’s collective treatment of distinct Charter rights, the irrationality of imposing greater gathering restrictions on outdoor than on indoor gatherings, the finding that the restrictions were “minimally impairing to people’s rights,” and the level of deference given to government decisions.
All materials have been filed with the Court of Appeal as of August 14, 2023 and the matter is expected to be scheduled for a hearing.