Convicted Anti-Lockdown Protesters in Saskatchewan Launch Appeal

In a file photo, demonstrators march at a protest against COVID-19 restrictions, in Peterborough, Ont., on April 24, 2021. The Canadian Press/Fred Thornhill

Anti-lockdown protesters who were convicted of violating Saskatchewan’s limits on outdoor gatherings are appealing their convictions at the Court of King’s Bench. They are also challenging the constitutionality of gathering limits in a Court of Appeal.

Authorities did not equally apply gathering limits to hundreds who joined Black Lives Matter (BLM) protests in 2020, their lawyers at the Justice Centre for Constitutional Freedoms (JCCF) said in a March 15 release. Saskatchewan Premier Scott Moe said he supported the police in not enforcing the gathering limit at a BLM protest on June 2, 2020, according to CTV.

Nor was the gathering limit enforced at a protest in support of Palestinians in May 2021 and in support of LGBTQ+ people in March 2021, JCCF noted.

The anti-lockdown protesters filed both of their appeals earlier this month.

JCCF argues that Saskatchewan’s Chief Public Health officer, Dr. Saqib Shahab, did not have legal authority to make the public health orders he did. “[Shahab] 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,” JCCF said.

Shahab’s orders rely on a delegation of authority to him from the minister, but JCCF says such a delegation is not legally permissible. This is the matter it asks the Court of King’s Bench to decide.

“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," Andre Memauri, a JCCF lawyer involved in the appeals, said in the release.

The provincial government did not respond to The Epoch Times inquiry as of publication.

Charter Rights

The protesters filed their submissions to the Court of Appeal on March 3 regarding the constitutionality of gathering limits in general.

They are seeking to overturn a 2022 court decision that found restrictions on outdoor gatherings did breach Charter rights but were permissible, in part, because people could still express themselves online.

“The applicants were able to express themselves online, communicate with each other online, and relay their opinions directly to government officials online,” the decision said. “Granted, online gatherings are not the perfect substitute for in-person ones by any means, but the applicants did have alternative avenues available to express themselves.”

“Their ability to express themselves on the Internet does not mitigate a breach of such right,” Memauri said. “While Covid has presented significant considerations as to the health of residents, it is also necessary to consider the health of democracy.”