The recent ruling in Nova Scotia by the Court of Appeals should be sending a clear message across Canada that Governments have clearly overstepped and have abused the Rights of Canadians as set out in the Charter of Rights and Freedoms.

The ruling was clear in the lower court had erred in more than one area of the earlier _ex parte_ decision from May 2021 including that the lower court Judge had failed to consider the Charter. The CCLA (Canadian Civil Liberties Association) was correct in the characterization of the injunction as being “a misuse” of government power.

The CCLA based their arguments on 4 areas of concern regarding the lower court’s decision all based on errors of the lower court Judge. One area of concern was the lower court accepting that Dr. Robert Strangs evidence be accepted as expert testimony. This was rejected by the higher courts which then leads to the question of “Just how many decisions have been made based on so called experts?”

The most interesting point brought forth by the Court is that the province sought an order against all the people in Nova Scotia unlimited in time or geographical context. Could this mean the courts are finally going to hold the Governments to account and apply the Oakes Test as set out by the Supreme Court? Canadians can only hope so.

Police on Guard thanks the CCLA for their continued efforts in protecting the Rights of all Canadians.

To read the decision by the Nova Scotia Court of Appeals, click here 

To read the article written by Angelica Dino with the publication Canadian Lawyers Magazine, click here 

To read the Statement by the Canadian Civil Liberties Association, click here