Reopening Ontario Act, Human Rights Code and The Charter of Rights and Freedoms
Police are being asked to balance the Reopening Ontario Act, the Human Rights Code, and the Charter of Rights and Freedoms that we have sworn to uphold, this includes Section 7 of the Charter – Life, liberty and security of the person. Section 7 states:
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice”.
We must ask ourselves, does section 7 of the Charter of Rights and Freedoms provide protection against mandatory masking? We at
Police on Guard for Thee do not have that answer, but we’d like to get it from the courts.
We have received many questions from the public with regards to businesses denying entry to person(s) with a mask exemption. The Reopening Ontario Act speaks to the businesses with regards to exemptions.
Furthermore, there have been several incidents where police are being called by business owners who believe they are acting under the Trespass to Property Act, and thus want the patron removed from the premises due to their mask exemption. Police are then, once again, put in a very difficult position. Does the Trespass to Property Act now supersede the provincial Reopening Ontario Act? Does the Reopening Ontario Act supersede the Charter of Rights and Freedoms?
This situation highlights the exact reason why police across Canada need clarification from the courts. It is not fair to put the public and police in this position whereby we are left to navigate several laws without clear direction.
To help the public we have written up a brief document outlining the present exemptions, we hope you will download it, print it, read it through, and carry it with you on your next encounter. https://policeonguard.ca/…/POG-Mask-Regulations-in…
And to our fellow officers, if you agree we must respect the law as it is written, we ask you #RememberYourOath and join your support to our cause.
You can read the most up-to-date regulation including masking exemptions here: https://www.ontario.ca/laws/regulation/200082
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