Restricting Freedom of Peaceful Assembly During Public Health Emergencies
As the second wave of the COVID-19 pandemic in Canada continues, so too does litigation challenging policies intended to slow the spread of the virus. A growing number of claimants have argued that these sweeping public health measures — many of them drastic and previously unimaginable — infringe various provisions of the Canadian Charter of Rights and Freedoms.1 While a significant number of claims have been brought pursuant to protections that support a sustained body of jurisprudence, litigants may yet seek to explore some of the more forgotten sections of the Charter, particularly section 2(c)’s guarantee of freedom of peaceful assembly. In an effort to encourage the development of a body of jurisprudence on section 2(c), this article envisions how such Charter challenges might unfold.
Copyright (c) 2021 Kristopher E G Kinsinger
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors who publish with Constitutional Forum constitutionnel grant the journal the right of first publication, and agree to license the work under an Attribution-NonCommercial-NoDerivs (CC BY-NC-ND) that allows others to share the work for non-commercial purposes, with an acknowledgement of the work's authorship and initial publication in this journal, as long as no changes are made to the original work. Please use this format to attribute this work to Constitutional Forum constitutionnel:
"First published as: Title of Article, Contributor, Constitutional Forum constitutionnel Volume/Issue, Copyright © [year], Publisher"