Justice Daniel Konkin found while the Saskatchewan government violated the right to freedom of expression, it was justified in doing so.
In his written decision issued Tuesday, Justice Daniel Konkin dismissed a charter application filed by lawyers from the Justice Centre for Constitutional Freedoms, on behalf of two people who were fined $2,800 each for attending anti-lockdown rallies in Saskatoon’s Kiwanis Park on Dec. 19, 2020.We deliver the local news you need in these turbulent times on weekdays at 3 p.m.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
More than 100 people gathered in Saskatoon’s Kiwanis Park on Saturday, Dec. 19 for a “freedom rally” protesting against various restrictions put in place to combat the spread of COVID-19, including public health orders around wearing masks and limiting gathering sizes.Canada’s Charter of Rights and Freedoms is part of the Canadian Constitution — the highest law in the country.
He said the government demonstrated that it was reasonable to suppose the gathering limit would further the objective of “averting, diminishing, and managing the transmission” of COVID-19. Konkin said anti-lockdown protesters did not adhere to COVID-19 protocols like physical distancing, rapid testing before and after the event, and registering participants, that could make the comparison between outdoor and indoor transmission feasible.
Konkin noted public protest was never prohibited, and there was nothing preventing anti-lockdown protesters from holding multiple outdoor gatherings of 10 people while physically distancing.
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