Restricting Freedom of Peaceful Assembly During Public Health Emergencies

Abstract

As 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. 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.

Keywords: peaceful assembly, charter of rights and freedoms, charter, section 2(c), covid-19, pandemic, public health emergencies, state of emergency, lockdown