The Justice Centre for Constitutional Freedoms (JCCF) announced protestors Jasmin Grandel and Darrell Mills, who challenged the constitutionality of the Saskatchewan government’s outdoor gathering limits in 2020 and 2021, have submitted an appeal against the lower court’s ruling. .“To impose greater restrictions outdoors than indoors, and to undermine the rule of law with regard to these types of heavy-handed restrictions, is unwarranted and concerning,” said JCCF lawyer Andre Memauri in a Tuesday press release. .“The lower court refused to independently consider the Charter freedoms of peaceful assembly and association.”.Court of the King’s Bench of Saskatchewan Justice DB Konkin sided with the Saskatchewan government’s 10-person limit on outdoor protests as “justified” because of the COVID-19 pandemic on Sept. 20..READ MORE: Sask judge rules provincial COVID mandates 'justified'.“The Justice Centre for Constitutional Freedoms is disappointed with the decision,” said the JCCF. .The government prohibited outdoor protests of more than 10 people in 2020 and 2021, while allowing numerous public indoor gatherings to have at least three times as many people..Grandel and Mills received multiple tickets for attending a handful of peaceful outdoor protests exceeding Saskatchewan’s gathering limits. .Grandel attended one protest to express her concerns with the lack of transparency about the information government requirements and restrictions were based on, including the mask mandate her kindergarten son had to abide by at school. .Mills attended to voice his concerns about improper mask usage and the significant burdens placed on people who cannot wear masks because of physical or psychological conditions. .These protestors are two of dozens of people who have received tickets for peacefully protesting COVID-19 restrictions outdoors. The release said there is no evidence police issued tickets to people protesting other issues during outdoor gathering limits in 2020..Regina police Chief Evan Bray and other officers attended a large Black Lives Matter rally with hundreds of people while the Saskatchewan government’s 10-person limit for outdoor gatherings existed in 2020. Saskatchewan Premier Scott Moe and chief medical health officer Dr. Saqib Shahab endorsed and supported BLM protests. .The notice of appeal was filed on Thursday, and counsel for Grandel and Mills will seek to overturn the lower court’s findings that the outdoor gathering restrictions were justified..The release said the main points of the appeal include the court’s collective treatment of distinct issues with the Canadian Charter of Rights and Freedoms, the irrationality of imposing greater gathering requirements on outdoor than indoor settings, the finding the restrictions were “minimally impairing to people’s rights,” and the level of deference given to government decisions..Memauri said fundamental freedoms guaranteed under the Charter of Rights and Freedoms “require cautious examination before their breach can simply be justified collectively.”.“It’s important to appreciate that many lost their lives for the existence of these rights and that they should not be easily discarded or selectively available based on the ideology behind their exercise,” said Memauri.
