Anti-maskers misapply charter
Mark Friesen contends demonstrations against COVID restrictions are an attempt to uphold “constitutional freedoms,” thereby justifying the absence of masks and social distancing. Friesen states: “Our rights shall not be abridged unless the government can prove demonstrably that their measures are appropriate.” (L-P, Dec. 8)
I refer Friesen to The Canadian Charter of Rights and Freedoms, embedded in The Constitution Act, 1982. He will not have to read far to find the proof he seeks.
Section 2( b) guarantees “freedom of thought, belief, opinion and expression” while 2(c) ensures “freedom of peaceful assembly.” Fair enough. However, these and other rights defined in the charter are not without limitations. They are subject to Section 1 of the charter which states: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is the second half of Section 1 that is important here: “... subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
The Government of Saskatchewan has imposed measures to deal with the pandemic including limits on the size of public gatherings, social distancing requirements, and the use of masks. These are reasonable, justifiable limits on freedom of peaceful assembly when a virus is spreading like wildfire through our province. The right to freedom of assembly does not supersede the responsibility of government to maintain public safety, through such reasonable and justifiable limits as it sees fit to prescribe.
The charter is quite clear on this.
If Friesen and friends want to endanger themselves, that is their decision. However, the charter prohibits them from endangering the majority of us who see COVID for what it is: a once-in-a-century threat to human health and safety. They are subject to “reasonable limits prescribed by law,” as are we all.
Premier Moe needs to grow a backbone and enforce the law. He might take some guidance from Manitoba Premier Brian Pallister, who said: “If you don't think that COVID is real right now, you're an idiot.”
Roy Schneider, Regina