We are living in unprecedented times. As we navigate the terrain that has been placed before us
by the Federal, Provincial and Municipal Governments in response to COVID-19, many
questions about our inherent rights and freedoms are brought to light. Fundamental questions that
speak not only to our world in general but also to our place in it and within the current system as
No matter how you look at it…..people have to make a choice. Some would argue they aren’t
even being given a choice. Nonetheless…we can all agree… many questions remain
So how do we as a SOCIETY take a STAND?
…to buy time to explore options?
…to choose to live outside a system that is being imposed on us?
…to seek fundamental truths about the system and its violation of rights and freedoms?
…to seek redress?
…to come together despite a system that wants to keep us apart?
The reality is that the protocol that underpins the COVID-19 measures is unlawful. Our legal team is working diligently with experts and consultants to unravel the complicated web that underscores the protocol's implementation and the subsequent and ongoing COVID-19 prevention measures. Concerned citizens like Adam Skelly are being forced to make a CHOICE and STAND TALL in their truth, and YOU TOO can come together in SUPPORT and SOLIDARITY.
Until the protocol is questioned before a court and it intervenes, the reality is that the protocol
remains in place and CONTINUES TO ROLLOUT...
So, where does that leave us? It leaves us working/living within an unlawful system that supports
and encourages segregation, exclusion and group shaming (whether you are shamed for wearing
a mask or not wearing a mask) to advance its position and agenda. Undoubtedly an
BUT ALL IS NOT LOST!!! We can work PEACEFULLY within this system and STAND
TALL confident in our choices while encouraging our JUDICIARY, LAW ENFORCEMENT,
BY-LAW OFFICIALS, MPs, MPPs, and many others that are faced with having to carry out the
work of an illegal system, to TAKE A STAND along with us and allow us time….allow us
lenience…allow us understanding…these people are just like us and have big questions.
Ultimately we all want answers.
THIS IS OUR VISION FOR PEACEFUL PROTEST... Bringing our rights into the light.
Firstly….to live within an unlawful system is to understand that we are ALL LIVING WITHIN
this system, and it is a function of itself. It is important to remember that it is designed to cause
agitation, impatience, exhaustion, fear, misunderstanding, anxiety, confusion, and many other
psychological effects from the pro-longed implementation of measures that suspend, silence and
violate our basic fundamental rights. Once the choice is made to step outside of the unlawful
system and declare our rights and freedoms, there also comes the responsibility to hold that space
peacefully and with integrity, as it evolves into a function of itself… lawfully and respectfully that can be recognized by others to navigate within their truth.
Secondly….change takes time through persistence, commitment and collective effort and
understanding. STAND TALL. Don’t sit down. Keep the MOMENTUM going. SUPPORT each
other….even those who have different opinions….WE CAN ALL ASK QUESTIONS. Keep
encouraging questions by everyone!
Finally, to make a CHOICE is to walk within your Truth, no matter what path you choose. To
demand respect for your Choice is to give respect for others. NO ONE HAS THE
ANSWERS… That is the reality of living within an unlawful system where censorship
prevails…let questions be the driving force to connecting all of us in FINDING ANSWERS and
walking in the TRUTH.
Mask exemptions are lawful pursuant to s. 2(4) of the Regulations under the Reopening Ontario (A Flexible Response to COVID-19) Act 2020 setting out the rules for areas during the three stages (See O. Reg. 82/20, O. Reg. 263/20, O. Reg. 364/20). Under the Regulations, the following persons are lawfully exempt from the mask protocols:
(a) child who is younger than two years of age;
(b) attending a school or private school within the meaning of the Education Act that is operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health;
(c) attending a child care program at a place that is in compliance with the child care re-opening guidance issued by the Ministry of Education;
(d) receiving residential services and supports in a residence listed in the definition of “residential services and supports” in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;
(e) in a correctional institution or in a custody and detention program for young persons in conflict with the law;
(f) performing or rehearsing in a film or television production or in a concert, artistic event, theatrical performance or other performance;
(g) has a medical condition that inhibits their ability to wear a mask or face covering;
(h) unable to put on or remove their mask or face covering without the assistance of another person;
(i) needs to temporarily remove their mask or face covering while in the indoor area,
(i) to receive services that require the removal of their mask or face covering,
(ii) to engage in an athletic or fitness activity,
(iii) to consume food or drink, or
(iv) as may be necessary for the purposes of health and safety;
(j) being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005;
(k) being reasonably accommodated in accordance with the Human Rights Code; or
(l) performs work for the business or organization, is in an area that is not accessible to members of the public and is able to maintain a physical distance of at least two metres from every other person while in the indoor area.
Furthermore, pursuant to s. 2(6) of the Regulations, a person with a mask exemption does not
have to present evidence to a business or place as proof that they are entitled to entry. If a
business refuses entry, the business is acting unlawfully in the following situations…
Any business that operates under a Municipal and/or Provincial license are inviting the public to enter their premises; in other words, there is a general invitation under the license that everyone in the public is allowed to enter. It is within that invitation that a business cannot discriminate against anyone who is lawfully wanting to enter their property. Therefore, just as you cannot refuse entry for race, gender, age or sexuality, you cannot refuse entry for the lawful exercise of a customer’s right to be exempt from the masking provisions of the Regulations under the Reopening Ontario Act. They have a lawful right to enter. Fullstop.
Some businesses take the position that their occupational health and safety responsibilities allow them to further restrict entry to zero tolerance, due to the need to protect the safety of employees. EWB takes the position that this is incorrect and is not supported by law. The occupational health and safety legislation does not authorize a business to undertake further restrictive measures under a lower standard of proof on the basis of unlawful discrimination. National emergency measures are outside the scope and purpose of the provincial occupational health and safety legislation; it was not created as emergency response and enforcement. On that basis, it is EWB’s position that a business that discriminates and refuses entry on these grounds is also acting unlawfully.
If the business continues to discriminate and refuses entry, the person affected has a right to bring a
complaint to the Human Rights Tribunal. If the refusal of entry causes actual harm or damages, that
person may have a civil claim and we would be happy to answer any further questions.
The Canadian Charter of Rights and Freedoms sets out our protected rights in a free and democratic
society. Currently the COVID-19 protocol, its implementation, preventative measures and the
ongoing vaccination rollout, infringe the following rights and freedoms;
Section 2(a) of the Charter guarantees freedom of conscience and religion. During this time of lockdown and censorship, and with no medical or scientific evidence to justify these measures, a person must be guided by their own conscience as to the ability to express opposition to the draconian measures. One’s livelihood, family security and ability to earn a living are all compromised by these measures.
Section 2(b) freedom of thought, belief, opinion and expression, including freedom of the press, are all guaranteed by Section 2(b) of the Charter but subject to justification under Section 1. The purpose of the guarantee is to permit the free expression in order to promote truth, political and social participation and self-fulfillment. By creating criminal sanctions for non-compliance, the Reopening of Ontario Act in effect causes our rights to freedom of expression to be suspended and infringed.
Section 2(c) everyone has the right to freedom of peaceful assembly. Section 2(c) freedom of assembly rights are an integral part of Section 2(b) freedom of expression rights. Freedom of expression is the larger protected right from which the freedom of assembly derives its purpose. People assemble to demonstrate and advocate views or expressions. If the expression is protected, it necessarily follows that the right to assemble to communicate this expression then is also protected. The freedom of assembly is generally considered to be a necessary and integral part of the freedom of expression in situations where political demonstrations are on public property. The Reopening of Ontario Act and its lockdown provisions prohibit peaceful assembly and non-compliance brings civil and criminal sanctions thus infringing the rights enshrined in s. 2(c).
In a free and democratic society the individual must be given space for personal autonomy to live their own life and to make decisions that are of fundamental personal importance. Unfortunately, under the current draconian measures it appears we no longer live in a free and democratic society. There is no freedom and democracy has been overshadowed by arbitrary orders and regulations depriving people of fundamental freedoms without authority and due process. The imposition of draconian measures without scientific or medical opinion, allowing citizens to become ‘guinea pigs’ to experimental protocol, has ultimately breached the Governments’ duty to its citizens to uphold their rights to life, liberty and security of the person.
There are several sections of the Re-Opening of Ontario Act which offend Section 8 of the Charter where access is unilaterally given to employment and management information as well as access to public or private properties in order to determine activities. In the latter sections, there is a positive duty to act in compliance with public health officials which directly affects a person’s privacy as it relates to body autonomy and personal choice; particularly when the enforcement provisions are considered. In the result, any action taken on behalf of the Re-Opening of Ontario Actpursuant to the offending provisions, encroaches on our fundamental rights to be protected from unreasonable search and seizure as enshrined in the Charter.
Sections of the Re-Opening Ontario Act amount to breaches of our rights not be arbitrarily detained. The provisions amount to psychological detention as our movements and actions become more and more restricted and protocol is put in place as much of a deterrence from non-compliance as it is an authentic safety measure. Psychological detention occurs when a person believes they have no other option but to comply with a person in authority due to threats, deterrence and manipulate behaviours without lawful authority and reasonable cause.
Some businesses are allowed to open, while others are not. The arbitrariness of the distinction between those businesses that are viable and those that are not, perpetuates disadvantage. The equality rights are engaged by virtue of the government’s arbitrary action in closing certain business outlets and allowing certain others to remain open, raising the discriminatory behaviour of the government as against its citizens.