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Are mandatory face mask orders constitutional? Are you worried about your provincial government infringing your rights? Although most Canadians don’t seem to be bothered by the mandatory face mask orders, especially given the global pandemic, the Canadian Constitution Foundation (CCF) has written an open letter while several other plaintiffs are questioning the constitutionality of these orders before Ontario’s Superior Court of Justice.
The constitutional challenge involves about 20 individuals, entities, municipal and regional governments, and public health agencies. Among them are Prime Minister Justin Trudeau and Ontario Premier Doug Ford, Canada’s Chief Public Health Officer, Dr. Theresa Tam, and Toronto Mayor John Tory.
Are Face Masks Ineffective?
According to the constitutional challenge, the plaintiffs argue that the health measures established to combat the new coronavirus are ineffective, unjustified and illegal because they are not based on any scientific or medical evidence.
The 900-page challenge is extensive, complex and takes issue with mandatory mask orders, as well as other measures such as quarantine, physical distancing and the mandatory business closures at the onset of the pandemic.
“We have the testimonies of 43 experts in Canada and around the world who argue that these measures are not supported by any scientific evidence, that they have not been the subject of any prior clinical trial that could have proven their effectiveness, and that they are extreme under the circumstances,” said the plaintiffs’ lawyer, Rocco Galati, in an interview with Radio-Canada.
Galati maintains that there is abundant scientific literature regarding the ineffectiveness of face masks against airborne viruses and the danger masks represent for those suffering from certain medical conditions, such as breathing problems.
Charter Rights and Mandatory Face Masks
In an open letter, the CCF claims that Ontario’s June 12 order imposing mandatory face masks in commercial establishments breaches the Canadian Charter of Rights and Freedoms.
According to the open letter questioning the mandatory face masks, the order prima facie violates the right to liberty under s. 7 because it forces people to cover their faces and interferes with their bodily integrity. The CCF also argues that the mandatory face mask order infringes the right to non-discrimination on the basis of disability under s. 15 of the Charter, because it imposes a disproportionate burden on individuals with disabilities, such as asthma, emphysema or trauma-based phobias of breathing obstructions.
“[I]f a person has PTSD related to having their breathing obstructed, they should not need to discuss this with strangers in order to buy toilet paper or fill up their gas tank,” said Christine Van Geyn, litigation director at the CCF.
The CCF wants the mandatory face mask order to be repealed or at least amended due to these issues. Tested against the requirements established by constitutional caselaw, the limitations imposed by the order are not rationally connected to the objective, they are not minimally impairing and they are not proportionate, the CCF argues.
Section 1 of the Charter allows potential limitations to Charter rights and freedoms where the limitations are “demonstrably justified in a free and democratic society.”
In order to satisfy these criteria the government must show that any limits it imposes on Charter rights:
- Are of sufficient importance to warrant overriding a constitutionally protected right or freedom; and
- The means chosen are reasonable and demonstrably justified.
Constitutional caselaw expounded on the second criteria, creating the “proportionality test,” that the CCF argues the face mask order fails.
According to the proportionality test, Charter limitations must be rationally connected to the objective. For example, mandatory face masks must be rationally connected to the goal of protecting Canadians’ against COVID-19. Second, the means, even if rationally connected to the objective, should impair the right or freedom in question as little as possible. Finally, there must be a proportionality between the effects of the limitations, such as mandatory face masks, which are responsible for limiting the Charter right, such as the right to bodily integrity, and the objective.
To support its argument of a lack of rational connection to the objective, the CCF cited the relatively low local rate of community transmission in the areas under a mandatory face mask order, and questioned why the order applies to retail commercial establishments but not to other places also subject to public gatherings, such as churches or community centres.
Do you think that mandatory face mask orders are justified even if they infringe your Charter rights? Share your thoughts with us in the comments below!
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76 thoughts onMandatory Face Masks Raise Constitutional Concerns
Check Rocco Galati,constitutional lawyer.
Mouthwash can kill covid in 30 seconds, please search it..
Isn’t interesting there have been not so distant challenges to the Charter on right to wear a Turban and Burqa without discrimination, HA, there it is DISCRIMINATION, between those who choose to exercise their solemn right to AUTONOMY, the right to “Self Determination”, not to be dictated to on where they can and cannot go due to a belief or religious practice. A religious practice in this case being the practical manifestation of education and self confidence in the belief you are immune and/or strong enough to get through most any natural viral challenge without interference from those less in the know or less willing to know, with poor life choices. Masks and other restrictions go against our right to a guaranteed quality of life we had before this “covert19” excitement. We need EDUCATION on proper social etiquette and personal hygiene, directed especially toward those coming from third world countries where hygiene is not part of their religion in any sense.
Dont I have the right to protest and refuse to comply with unreasonable dictatorial measures put into action by the uneducated, don’t i have the right not to be pulled over a cliff with those less aware/educated/informed/irreligious/unhealthy/mentally ill? I believe I have a right to essential products and services, mask or none, without prejudice if I exercise my right to REFUSAL, fines are tantamount to profiting from misery.
A great psychological conditioning danger is the notion government and health organisations have all the answers, are the last word, and that everyone living within their jurisdiction bubble is subject to their commands completely however, isn’t “lockdown” for prisons?
$13million in covid non compliance fines across only 3 provinces? CASH GRAB? you tell me. Is that not a social INJUSTICE?
stay strong, stay real, be healthy, BREATH.
What surprises me most is the number of older folks obediently being masked do we not gain wisdom with age {do we leave behind our defiance and spunk as we age?) I am over 70 have not had flu shots and will not wear a mask that infringes with a human need for oxygen Fear is very debilitating! People choose not to learn yet call us that are willing to question any of it conspiracy theorists Not easy to see fear in a childs eyes Little ones lives are meant to be carefree not restrained by the tactics of dictatorial governments Glad to see lawsuits May truth prevail
FINALLY!!! I found sane people that share my deepest concerns about the decadence of society in general. This plandemic/scamdemic has simply exposed the undeniable truth that the majority of our populations have truly gone insane! It’s maddening to witness.
the conversion to “sheeple ” is almost complete. there will be a few of us that will never be sheeple and will always use that grey matter for what it was created for, to think on our own with rationality.
Please add me as I see this all as unnecessary and harmful.
Totally in agreement with a class action lawsuit as the official government narrative has been so destructive in so many ways mentioned here by smart people.
check out what the Rockefeller Foundation said on May 3,2010. They predicted that they were going to have a trial run of a Pandemic in 2020. This is not a Pandemic but a PLANDEMIC and a SCAMDEMIC. We have to wake up and protect our rights and freedoms, or we are finished as a free Society. WE ARE ALL IN GRAVE DANGER!!!!
Where did Rockefeller say they will have a 2020 trial in 2010?
Breathing in our bodies waste including CO2…a known gas. keep me posted please.
I think the average person is extremely uninformed of very simple statistics that could hopefully put the bigger picture in clearer perspective:
1. In 2018, over 21,000 people died of flu/ lower respiratory disease in Canada
2. The insurance payout is higher if a death is due to covid
3. Colloidal copper water will actually cure any viral infection; just test it. Don’t emotionally auto-debunk, TEST it next time you have a cold or flu. It takes a few hours to make at home. Keep it in glass, and drink 100ml or so next time you get a cold or flu.
4. 1,200,000 people die in car accidents every year- imagine how society would feel about it if all the mainstream media kept a running tally of these deaths with crash site pictures
5. Who benefits from the mass hypochondria, paranoia, submission? Vaccines are a 20:1 profit margin, for example. How much would MANDATORY vaccines be worth annually?
6. Not even 10% of ‘covid’ deaths are ONLY because of covid, and of those deaths, not even 10% are under age 70.
Yes, they matter, but no, it does not justify dictator like behavior from politicians or crushing the economy
7. The whole Officialdom response to Covid rolled out like a red carpet premiere. . Read ‘Virus Mania’ by Torsten Engelbrecht (2008) for a clearer realization of the money driven history of virology
8. If you survive dying from covid, you dont win immortality. Your civil liberties are more important than your fear of this disease, or the next one, or the next one..because life as a sheltered lab rat is not much of a life. Fear is worth overcoming.
Basically all the economic meltdowns we are seeing and likely will be seeing for a while are a result of irrational overreaction by way too powerful self declared experts and politicians who apparently cant be be bothered to personally test the cold hard facts about copper when they catch a cold or flu.
I would rather be in Sweden. The sanest country in the world right now.
I’ve been telling people real stats since the beginning and they won’t listen.
I can see eyes glazing over as they zone out while I’m speaking a few stats or laws to them. People do not want to know
Kelly, your absolutely on the money. i have been citing reports from the scientific community for almost a year now and people either zone out, tell me they don’t’ agree with anything,
but what the government tells them or they are of like mind and do their own research t confirm what i have said is true.
Well said, A.G.!!
Our family has not worn a mask since this Covid19 fear & compliance campaign was issued by our government. We homeschool, my husband runs his own business in the energy sector and I discontinued my nursing educating years ago in pursuit of raising our children & helping in any way to heal our society as a whole. I have a general understanding of microbiology & our human energetic field . We take responsibility for the state of our minds/bodies by caring for both, consuming organic non GMO foods, drinking clean well water, using organic substances on our skin, choosing not to inject our bodies with known harmful chemicals(vaccines), and using many alternative healing practices to support our minds & maintain the integrity of our energetic fields. Having worked in private health care with the elderly & social services as an Intervenor for the Deafblind, I stand firm in my defense of every human beings right to sovereignty of their mind/body. There are several families in our circle who wish to launch a class action, however we are concerned about the cost and retaliation. This is not our first rodeo, having taken on school boards re asbestos & police local corruption re child abduction, however years ago the cost was too great as our children were threatened. We are at a point where the threats are an afterthought as we walk maskless in a surreal community of masked zombies, as our children remarked. My main concern would be a class action extended to ALL media & all business owners who continue to broadcast messages which are designed to prime the psyche of every human with irrational fear, using carefully crafted tools (tactics) of psychological manipulation & abuse, many of which are documented throughout history. Please direct me to any open class action lawsuit that encompasses infringement of Canadian Charter freedoms or basic human rights violations which will allow us to sign on an be part of the process for retaining our inherent freedoms.
I’m also a homeschooling mom (I’m from Alberta) and I want to say “BRAVO!” to you for your intelligent comments. I so agree about sovereignty of body/mind. Unfortunately, my husband is still one of those mainstream zombies but I never give up hope and faith. I have done many of the things you mentioned above such as ingesting healthy food/water and truth!! Our small nearby city just put in a mandatory mask mandate which pisses me off. I’m not complying and am passionately behind efforts for our freedom in every area. Thank you.
I agree with u on all things including how surreal it is to walk around in a sea of zombies wearing masks…I have not worn a mask yet and get refused at some places but I just walk away and usually find another one that wants my business:)
I agree with u on all things including how surreal it is to walk around in a sea of zombies wearing masks…I have not worn a mask yet and get refused at some places but I just walk away and usually find another one that wants my business:)
Check Rocco Galati,constitutional lawyer.