Yes. Currently, there are a number of cases before the Courts seeking to address the rights that are being violated and the harms that are being inflicted on people as a result of the current system that is in place. Until the Courts rule on the Charter claims, we are left navigating an unlawful system subject to the enforcement provisions in place.
If you choose to violate the Act or Regulations as a means of peaceful protest, it is important to remember that those who administer the tickets are acting on orders and although they may have the ability to show lenience, ultimately your protest is with the Provincial and Federal Government. Take your ticket and begin your claim…
Reach out to ELDERS WITHOUT BORDERS for a free ‘next steps’ consultation if you intend to dispute the ticket
Never ignore a ticket. Read the ticket. The ticket will tell you what you need to do to understand the charge and the next steps. Most tickets give you two options…
If you decide to pay the fine you will have admitted to doing something wrong and the issue will be resolved.
If you do not pay the ticket AND do not dispute the ticket then the court may seek compensation of the fine by noting you in default, assuming guilt and issuing an order for payment.
Finally, reach out to ELDERS WITHOUT BORDERS for a free ‘next steps’ consultation if you intend to dispute the ticket.
The Quarantine Act:
COVID-19 Emergency Response Act
Constitution Act, 1867
Canadian Charter of Rights and Freedoms
Canadian Bill of Rights
Ontario Legislation and Regulations:
The Emergency Management Civil Protection Act (EMCPA)
Reopening Ontario (A Flexible Response to COVID-19)
O. Reg. 82/20: RULES FOR AREAS IN STAGE 1
O. Reg. 263/20: RULES FOR AREAS IN STAGE 2
O. Reg. 364/20: RULES FOR AREAS IN STAGE 3
Health Protection and Promotion Act
February 1, 2021 Order in Council:
Article relating to travel restrictions:
Furthermore, the following are important points to establish your right to NOT BE DETAINED while travelling…
It is important to keep up-to-date with travel restrictions as they are continuously changing!
Under our Charter, everyone has the right to peaceful assembly (s.2(b)) and life, liberty and security of the person (s.7) -- These rights allow persons the guarantee that you may congregate and assemble with whomever you’d like. In addition, s.7 guarantees your right to life and liberty, meaning that you may live your life in a method that you choose.
For your mental and physical health, it is important to do what is best for you.
i.e., maintaining social contact and healthy relationships is pertinent to one’s self-care and being.
Under the Reopening Ontario Act and its Regulations – if you are abiding by the gathering limits then there is no reason for any interference or intrusion. These limits are established in the Regulations setting out the rules for areas during the three stages (See O. Reg. 82/20, O. Reg. 263/20, O. Reg. 364/20). It is important you research what ‘stage or color’ your Region is currently enforcing.
If you are not abiding by the gathering limits the authorities will use this as “reasonable and probable grounds” to approach you and ask you questions.
If this occurs, the authorities should initially educate you on the current status of the laws in place before issuing tickets. However, there is no general standard advocated therefore it is up to the discretion of the person in authority. In that regard, remain kind, calm and cooperative.
If you choose to challenge any tickets or unfair treatment, it is advised that you contact our Legal Team to determine if your rights were infringed and the appropriate avenue for redress.