The Justice Centre for Constitutional Freedoms’ lawsuit against public health orders issued by Dr. Bonnie Henry will be heard before BC Chief Justice Hinkson on March 1–3, 2021 at the Supreme Court in Vancouver.

This is good news.

The JCCF filed their legal challenge against restrictions on public protest and public worship services on January 7, 2021. (Download PDF of JCCF’s Petition for Judicial Review)

JCCF alleges that Provincial Health Orders violate the following sections of the Charter of Rights and Freedoms:

1. Charter section 2(a) (freedom of conscience and religion);
2. Charter section 2(b) (freedom of thought, belief, opinion and expression);
3. Charter section 2(c) (freedom of peaceful assembly);
4. Charter section 2(d) (freedom of association);
5. Charter section 7 (life, liberty and security of the person); and
6. Charter section 15(1) (equality rights)

The JCCF also seeks to have 8 specific tickets dismissed and an injunction preventing any future tickets being issued relating to public worship and public protest.

Under “Ethical Principles and Values”, the BC government is committed to exercise its powers in accordance with:

• Respect: To whatever extent possible, individual autonomy, individual liberties, and cultural safety must be respected;
• Least Coercive and Restrictive Means: Any infringements on personal rights and freedoms must be carefully considered, and the least restrictive or coercive means must be sought;
• Proportionality: Measures implemented, especially restrictive ones, should be proportionate to and commensurate with the level of threat and risk;
  • Decision makers should take into account all relevant views expressed;
  • Take into account any disproportionate impact of the decision on particular groups of people; and
• Practical – have a reasonable chance of being feasible to implement and to achieve their stated goals.

Given the inconsistent nature with which the provincial government implemented these restrictions, I hope and pray that Christopher Hinkson, BC’s Chief Justice, agrees and grants the relief sought by the JCCF.

The Charter of Rights and Freedoms doesn’t cease to exist simply because Bonnie Henry says it does. Even in the most dire national emergency the Charter remains the highest law of the land. Our rights must be as minimally impaired as possible – a concept totally lost on Dr. Bonnie Henry, BC’s very own High Priestess of COVID.

For more on this story, please read the following commentaries:

• All Hail the High Priestess of COVID – Dr. Bonnie Henry
• COVID: It’s not about health, it’s about keeping those ants in line
• Undercover RCMP Refused Entry to Fraser Valley Churches
• Bonnie Henry’s ‘not-a-lockdown’ Christmas Lockdown
• When did Defending Our God-Given Rights Become Unacceptable?
• BC Premier Horgan Obeys One Section of Charter While Happily Violating Another

 

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