The Justice Centre for Constitutional Freedoms (JCCF) announced it's appealing the Court of King’s Bench convictions of anti-lockdown protestors for violating the 10- and 30-person outdoor gathering limits in 2020 and 2021 during the COVID-19 lockdowns..At the Court of Appeal on March 3, the JCCF filed written submissions challenging the constitutionality of the outdoor gathering limits..“During 2020 and 2021, Saskatchewan imposed strict numerical limits on outdoor gatherings that applied to outdoor protests,” said the JCCF statement..“At some periods, Saskatchewan imposed 10-person limits on outdoor gatherings, while simultaneously permitting hundreds of persons to gather indoors for shopping, dozens for dining, and at least 30 in many other indoor settings, where Saskatchewan’s Chief Medical Health Officer Dr [Saqib] Shahab, noted there existed a greater risk of virus transmission.”. BLM Protest .In June 2020, Black Lives Matter (BLM) had an outdoor protest with hundreds of BLM supporters and attended by Regina Police Chief Evan Bray and other police officers, with the support of Premier Scott Moe and Shahab..The JCCF said “aggressive law enforcement and prosecution has only been pursued against anti-lockdown protestors in late 2020 and 2021, despite protests for other causes, including the Palestinian conflict and LGBTQ causes, occurring during the same time period.”.Dozens of anti-lockdown protestors were arrested and the JCCF is providing council to them, with more than a dozen scheduled trials..The JCCF said the trials involve “a significant amount of court time in Saskatoon and Regina, as well as hearings in Outlook and Moose Jaw. Unlike other jurisdictions, the Crown in Saskatchewan dropped a minimal number of COVID charges.” .Some of the protestors were acquitted, but many were convicted..The legal argument used by the JCCF is outdoor protest limits “were imposed without proper legal authority.” .“The limits on outdoor protests stem from a series of public health orders made by Dr Shahab, who appears to have relied on his authority from the Public Health Act and the Disease Control Regulations, which granted such authority to the minister of Health and not anyone else,” said the JCCF..“Dr Shahab’s orders further rely on a delegation of authority from the minister to Dr Shahab, pursuant to the Legislation Act. The appellants argue that the delegation of authority from the minister to Dr Shahab was not permissible.”. Saskatchewan Chief Medical Health Officer Dr Saqib Shahab .“In the context of the provincial court convictions on some protestors, the Court of King’s Bench will be asked to determine whether the delegation of authority to Dr Saqib Shahab was lawful,” states Andre Memauri, a JCCF-funded lawyer..“Lawful delegation of authority is an important principle to be examined by our courts to protect the democratic function of government and to prevent the erosion of representative government.”.“This is a case primarily about the limitation of persons from assembling together as protected by the Charter and the appellants argue their ability to express themselves on the internet does not mitigate a breach of such right,” said Memauri..“While COVID has presented significant considerations as to the health of residents, it is also necessary to consider the health of democracy and the appellants in this challenge, will have an opportunity to present their case to the highest court in Saskatchewan for consideration.”
