Constitutional challenge by churches of Manitoba's public health orders dismissed
CTV
A Manitoba judge has dismissed a challenge by several churches of the province’s public health orders during the pandemic.
A Manitoba judge has dismissed a challenge by several churches of the province’s public health orders during the pandemic.
Court of Queen’s Bench Chief Justice Glenn Joyal released two decisions on the challenge Thursday morning.
Seven Manitoba churches and some church officials had argued the chief provincial public health officer has too much power with not enough oversight, and the public health orders infringed on Charter rights to hold religious and public gatherings.
In one decision, Joyal dismissed the claim from the applicants that the delegated authority given to the chief public health officer (CPHO) was unconstitutional.
“In the final analysis, I see the delegation to the CPHO pursuant to the PHA (Public Health Act) as a constitutional and democratically legitimate means of ensuring that the public health measures that are stipulated are measures that are proposed by a qualified medical expert,” Joyal wrote. “Such delegation provides the flexibility and accountability essential for responding to an evolving and rapidly changing pandemic.”
In the second decision, on whether the public health orders infringed on the Charter of Rights and Freedoms, Joyal wrote the orders did limit and restrict rights and freedoms, but deemed the orders constitutionally justifiable, restricting rights and freedoms no greater than reasonably necessary, “in response to the COVID-19 public health emergency.”
This is a developing story. More details to come.
