Legal group challenges new restrictions on group gatherings
Violation of Charter rights alleged
ED MONTON• A conservative legal group is challenging new restrictions on gatherings in Alberta, saying they are a violation of Charter rights to assembly. The province implemented the group gathering restrictions this week as it faces record- breaking numbers of new COVID-19 cases.
The Justice Centre for Constitutional Freedoms, headed by lawyer John Carpay, has been involved in a number of high- profile cases over the years and has recently taken up a number of anti- COVID- restriction causes.
The Justice Centre is also representing Canada Galaxy Pageants, a beauty pageant for women and girls based in Toronto, against a new human rights complaint made by Jessica Yaniv, a transgender person.
“We’re publicly objecting to new restrictions on Charter freedom to associate,” said Carpay in an interview with National Post.
As yet, they aren’t filing a lawsuit or anything of that nature — just raising objections.
On Monday, Dr. Deena Hinshaw, the province’s chief medical officer of health, announced private gatherings would be capped at 15 people in Edmonton and Calgary, in response to surges in COVID-19 cases that are putting a strain on the hospital system and leading to the deferral of surgeries and other medical services.
As of Thursday afternoon — before Hinshaw’s daily case update — there were 126 people in Alberta hospitals with COVID-19, 19 of them in ICU. There were 4,793 active cases, and 313 Albertans have died.
Carpay argues most of the deaths and severe cases were among the elderly — the average age of death is 82 — and therefore it’s difficult to justify the restrictions.
Carpay contends the order is based on “cases” of COVID- 19, “including thousands of ‘cases’ among people who are not experiencing any symptoms or illness,” he said in a statement about the challenge. He argues today’s cases include completely healthy people who have a positive test, and he disputed the reliability of PCR testing.
Alberta Health Services says the National Microbiology Lab found Alberta’s tests to be 100 per cent accurate.
Hinshaw’s order says voluntary measures in Edmonton haven’t successfully brought the case counts down, necessitating more stringent steps.
Carpay sees it otherwise. “It’s a fundamental freedom that I have as a citizen to invite 16 or 20 people over to my house if I so choose, if we choose to associate with each other,” he said.
“Whether it’s six people or 10 people or 20 people, when
the government tells you how many friends you’re allowed or not allowed to have over to your house, that is a very obvious and very direct infringement of freedom of association,” said Carpay.
In her media briefings, Hinshaw has repeatedly pointed out the majority of COVID spread in the province is because of private gatherings, and restrictions protect those who are vulnerable to the disease, as those who are less vulnerable can pass it on to elderly relatives, for example. She has said the current spike in cases is due to families gathering for Thanksgiving celebrations.
Hinshaw has also said the long- term effects of catching COVID-19, even among younger people who aren’t hospitalized or ventilated are not yet known.
In a news release, Carpay said the disease hasn’t killed the early projections of 32,000 Albertans, so it’s not as deadly as initially claimed.