Article content continuedRegrettably, it must also be emphasized that these violations have been occurring for more than 10 months and in large and ever-increasing numbers throughout the country. Moreover, in addition to these violations of “fundamental freedoms,” other important rights and freedoms guaranteed by the charter are also being infringed, including widespread violations of democratic rights, mobility rights, legal rights, equality rights and the right of every citizen and permanent resident to “pursue the gaining of a livelihood.”The denial of the right to pursue the gaining of a livelihood, which includes the right to work and operate a business, is particularly devastating, as it affects the social, economic and financial well-being of millions of Canadians. While health under our Constitution is primarily a provincial responsibility, given the federal role in responding to COVID-19 and in bringing the charter into being, surely it is the federal government that ought to take the lead in balancing our COVID response with the rights and freedoms that are enumerated in the charter. I acknowledge that Section 1 of the charter does permit governments to impose limits on the rights and freedoms of Canadians, so long as those limits can be “demonstrably justified” as “reasonable” in a free and democratic society. But in order for these measures to be seen as legitimate, the government has an obligation to provide Parliament, and the public, with evidence that it has done its due diligence and taken into account all the scientific evidence, including the views of those who disagree with the government’s assumptions.

Source: National Post January 26, 2021 11:02 UTC