Case information

Charter of rights — Freedom of thought, belief, opinion and expressions — Freedom of peaceful assembly — Freedom of association — Public health orders restricting public gathering of persons — COVID-19 — Where the factual matrix underpinning multiple Canadian Charter claims is largely indistinguishable, may the Courts appropriately subsume all Canadian Charter claims into a conceded violation, where the impugned law or government action strikes directly at the core of a subsumed claim? — Given the lack of a separate test for the guarantee of the freedom of peaceful assembly under s. 2(c) of the Canadian Charter, must Courts addressing s. 2(c) claims, either apply the test established under s. 2(b) or subsume such claims into s. 2(b)? — Canadian Charter of Rights and Freedom, s. 2 (b), (c), (d)

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In its response to the COVID-19 pandemic, from March 17, 2020, to July 11, 2021, Saskatchewan’s Chief Medical Health Officer issued a series of public health orders (PHOs) restricting both private and public gathering of persons. These orders were authorized by The Public Health Act, 1994, SS 1994, c. P-37, s. 45 (PHA), as well as The Disease Control Regulations, RRS c. P-37.1, Reg 11, s. 25.2(1). As the pandemic evolved in severity, these restrictions fluctuated between 150 and 10 persons. The applicants, Ms. Jasmin Grandel and Mr. Darrell Mills, partook in peaceful outdoor protests to express dissatisfaction with the imposed restrictions. In attending protests from January to July, 2021, police charged them with summary offence tickets under the PHA for violating the PHO-10s which restricted outdoor gatherings to a maximum of 10 persons. During that period, Ms. Grandel was ticketed eight times and Mr. Mills was issued a single ticket. The applicants filed an originating application in which they sought, among other relief, a declaration that the outdoor gathering restrictions imposed under the PHOs were of no force and effect because they violated ss. 2(b), (c) and (d) of the Canadian Charter of Rights and Freedoms. The Court of King’s Bench for Saskatchewan dismissed the application and the Court of Appeal for Saskatchewan dismissed the appeal.