Ontario Superior Court Justice Janet Leiper’s March 20th ruling dismissing Adam Skelly’s Charter challenge, has dealt a blow to individual rights. Adam Skelly, owner of Adamson Barbeque, views this as only a temporary setback, one that provides the necessary stepping stone to higher courts and a broader reckoning of pandemic era overreach.

Skelly’s Etobicoke restaurant became a symbol of resistance for their “Barbecue Rebellion” in November of 2020, when Skelly kept Adamson Barbecue open in defiance of Premier Doug Ford’s Reopening Ontario Act. Supporters rallied and police intervened. In the end, Skelly faced mischief and obstruction charges, and a $187,000 policing cost lawsuit. He ultimately closed both Toronto locations before relocating to Alberta.

Skelly argued that Ontario’s indoor dining ban, and the subsequent forcible shutdown of his business, violated his fundamental freedoms of expression and peaceful assembly under section 2 of the Charter. He maintains that the measures were overly broad, grossly disproportionate and amounted to an unconstitutional seizure of his livelihood without justification.

The City of Toronto and Ontario provincial authorities defended the restrictions as necessary amid “surging cases and hospital strain”.

In a swift decision following a three-day hearing in February, Justice Leiper sided with the government, ruling the public health benefits “outweighed the deleterious effects” on Skelly’s business and that alternative protest options existed. Leiper then rejected his seizure claim outright.

For Skelly’s supporters across Canada, the outcome exposes the vulnerability of our Charter protections when fear is used to justify state power. The result forced the closure of small businesses while big-box stores thrived, upended livelihoods and criminalized dissent.

Immediately after the ruling Adam Skelly declared victory in spirit, writing “we have received grounds for appeal implanted in her reasons,” followed by a bible quote from James 1:25 stating, “The one who looks into the perfect law, the law of liberty, and perseveres… he will be blessed in his doing!” In follow-up he explained, “This rushed decision is a gift, opening up a path to higher courts faster than we expected,” affirming that “our appeal is coming soon.”

While no formal appeal has been filed yet, his 30-day window remains open. Skelly’s legal team, led by Ian Perry, are poised to challenge the section 1 “reasonable limits” analysis and the court’s deference to public health officials.

Adam Skelly has refused to bend to mandates that lack clear scientific grounding for restaurant closures, galvanizing a movement that questions how emergency powers can nullify Charter rights. Critics rightly see the ruling as another example of courts prioritizing collective safety narratives over individual liberty, a common pattern repeated across many Covid challenges. Whether the Ontario Court of Appeal, or ultimately the Supreme Court, will restore balance remains to be seen, but Adam’s perseverance symbolizes the “law of liberty.”

This has never been an isolated restaurant dispute, but a test of whether our country still believes that our Charter protects ordinary citizens from state overreach. The fight for freedom continues and Adam shows no signs of backing down. We stand with Adam and his legal team as they continue their fight, as all Canadians should.