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timun · 08-01-2023, 01:38 PM

I think that several people commenting about this decision really need to take a peek at it... At issue in this particular judgment was whether the provincial Cabinet had the authority to issue public health orders in addition or in lieu of the CMOH, not the substance of the directives themselves. Justice Romaine quite clearly stated (bolded is my emphasis):

However, had the impugned Orders been validly enacted by the CMOH, they would not have been, however, are not unconstitutional. While they may have infringed certain of the Applicants' rights under the Canadian Charter of Rights and Freedoms, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 and the Alberta Bill of Rights, RSA 2000 c A-14, these limitations were amply and demonstrably justified as reasonable limits in a free and democratic society pursuant to section 1 of the Charter and that they were enacted pursuant to a valid legislative purpose.

08-01-2023, 01:38 PM	#13847
timun First Line Centre Join Date: May 2012 Exp:	I think that several people commenting about this decision really need to take a peek at it... At issue in this particular judgment was whether the provincial Cabinet had the authority to issue public health orders in addition or in lieu of the CMOH, not the substance of the directives themselves. Justice Romaine quite clearly stated (bolded is my emphasis): However, had the impugned Orders been validly enacted by the CMOH, they would not have been, however, are not unconstitutional. While they may have infringed certain of the Applicants' rights under the Canadian Charter of Rights and Freedoms, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 and the Alberta Bill of Rights, RSA 2000 c A-14, these limitations were amply and demonstrably justified as reasonable limits in a free and democratic society pursuant to section 1 of the Charter and that they were enacted pursuant to a valid legislative purpose.