The courts are asleep. Not all of them, everywhere, but [edit: ALMOST] all the ones I know of in Canada are just snoring their way through this pandemic.
What is the issue? As a part of combating COVID, the infringement of various civil rights of the people -- whether formally enumerated as in Canada (S.2) or the USA (Bill of Rights), or 'unwritten' in some other places. Freedom of movement, free assembly, pursuit of livelihood and others are all clear normal rights that governments have unilaterally curtailed.
OK, there is apparently some sort of emergency going on. Fine. But what are the limits on these emergency powers? If you're on Team Lockdown, you better take a close look in the mirror and ask what is the most you could accept. Even you must have a limit. But what would hold governments to that limit?
In normal times, sure, it could be public pressure. Press. Elections. Heck, statutes and legislation. But over the last 11 months, government after government has eschewed such obstruction and just went Police Powers Executive on us. I have heard not one such government leader declare limits of their own powers. Not one government leader bothers offer specific scientific justification for any particular measure - just obey the Experts.
So what's left, in case politicians and public health people go berserk? What could impose SOME limit? Public protest? OK maybe, but even that has been outlawed in many locations. There's police discretion - surely our Boys in Blue would not enforce absurd rules. Alas, we're repeatedly disappointed. There's the possibility of more ... vigorous ... resistance, but let's not go there. This leaves ... the courts. Ah yes, the courts, whose job it is normally to settle constitutional questions, balancing rights, rolling back bad law. Where are the courts?!?!
In the States, it took a few months, but people got sick of differential treatment of religious facilities, or of different types of schools, or of pure executive actions, and went to court. Several cases went to state or federal Supreme Court level, and the people have won some of their liberties back. (See below for some examples.)
In Canada, so far, nothing definitive. Everything is slow as molasses. People issued municipal police tickets for violating the mandates-du-jour have challenged them, but not gotten court dates within Months. It's as though by slow-rolling these cases, courts can hope they become moot. Our Rulers will certainly relax their grip on our rights before too long, right? Right? While the public seems to have few organized lobbyists and only very few political parties who speak up for these rights, at least some cases are being filed by individuals. Finally. They better get expedited attention. This is important. Support the JCCF!
Please help me assemble/keep this initial list of pandemic-related court cases. I would be most grateful.
| jurisdiction | time | case parties | situation |
|---|---|---|---|
| Canada, Ontario | 2020-12 | The Bay vs. Ontario | total deference to gov't |
| Canada, Alberta | ongoing | JCCF and churches | interim injunction rejected, case still alive |
| Canada, Manitoba | ongoing | churches | injunction rejected, case still alive |
| Canada, Ontario | started | Adam Skelly (BBQ guy), constitutional challenges | started |
| Portugal | 2020-11 | german citizens challenging PCR-based quarantine | success |
| USA, Nevada | 2021-01 | Churches vs. lockdowns | success |
| USA, NY | 2020-11 | NY churches vs. Cuomo | SCOTUS success |
| USA, NY | 2021-01 | NY restaurants | NY Supreme Court injunction granted |
| Canada, Ontario | 2021-01 | North X Fitness, constitutional challenge | gov't backs down partly |
| Germany | 2021-01 | fine for birthday celebration | acquitted |
| Belgium | 2020+ | Mask mandate - fine challenge | success on procedural grounds |
| Canada, Quebec | 2020-12 | Montreal entrepreneurs | just started |
| Canada, Ontario | 2020-07 (?!) | Vaccine Choice Canada (Galati) vs. lockdowns | no movement ? |
| Canada, Saskatchewan | 2021-01 | Rebel News vs. political meeting prohibition | just started |
| Canada, Quebec | 2021-02 | Synagogues wanting expanded limits | success |
| Netherlands | 2021-02 | Dutch night time curfew challenged | successful - no wait - reconsidering?!? |
| Canada, BC | 2021-02 | BC to force churches to close | court refuses government injunction |
| Israel | 2021-03 | Israel travel limitations | partly lifted |
| Canada, Ontario | 2021-03 | Dissident MPP sues province for right to protest etc. outdoors | |
| Canada, Ontario | 2021-05 | lone protester ticketed | |
| Canada, Newfoundland | 2020-10 | traveler sues Newfoundland for inter-provincial border controls | restriction upheld on merits via Oakes test |
| Canada, Manitoba | 2021-10 | churches sue province for lockdowns | all restrictions upheld on merits via Oakes test |
P.S. I worked on this blog post for many minutes, and then the Sun just blurted it out.