The Justice Centre supports taking appropriate measures to protect vulnerable Canadians from COVID-19.
The Justice Centre also insists that government measures that violate our Charter freedoms be reasonable, proportionate, and demonstrably justified in a free and democratic society.
In unprecedented times like these, the Canadian Charter of Rights and Freedoms matters more than ever. The Justice Centre is closely monitoring government actions and their impact on the rights and freedoms of Canadians.
COVID-19, along with government measures to slow the spread of this virus, are inflicting severe hardship and suffering on thousands of Canadians. Government measures to enforce social isolation are forcing millions of Canadians into unemployment, bankruptcy or poverty, with severe negative impacts on the health and lives of Canadians.
The Canadian Charter of Rights and Freedoms requires that the response of governments to this challenge must remain rational, and commensurate with demonstrable evidence, and the checks and balances of the rule of law. The severe curtailment of civil liberties without projected timelines for their rescission, the shutdown of economic activity and resulting job losses, the increase of human suffering through confinement and restriction of liberty, and the closure of courts of justice denying citizens a ready recourse, are all factors which bear close scrutiny.
Governments may enact laws and pursue policies that limit Charter rights and freedoms, but the onus is on the government to prove that the limit is demonstrably justifiable in a free and democratic society.
This page is meant to be of general interest and information, and does not constitute legal advice. If you believe that your rights and freedoms under the Charter have been infringed by any level of government, or by a governmental authority, please complete an intake form and a member of our legal team will respond as soon as possible