Is your charter right to protest protected under COVID-19 restrictions? Here's what a lawyer says

CBC Hamilton spoke with three lawyers about the rights people in Ontario have when stopped by police under COVID-19 restrictions. Watch the video at the bottom of the page for the full interview.

Do we have a protected right to protest under the freedom of expression in the charter?

Knia Singh,principal lawyer at Ma'at Legal Services in Toronto:

I believe we do. But this would also come down to scrutiny and courts. The unfortunate reality is, because of the times we're in, any attempt to gather in groups of tenor more may be met with provincial offences.

I would suggest anybody who's attempting to protest... they observe all of the bylaws of the area and the guidelines whereby staying at least six feet apart, two metres apart from each other, which shows responsible protest.You're outside, so, I know the mask thing is up in the air whether you wear it or not but the mask was always intended to beif you're going to be closer than six metres or closer than two feet fromsomebody. So, once you're educated on the bylaws around and the specific exemptions to wearing masks for you outdoors, medical condition and or anything else.

So, the short answer is yes, you always have a right to express yourself but the interesting answer is you may be subject to a provincial offenses ticket if you do want toprotest, have to challenge it in court and assert your charter rights to uphold your freedom. Always try to observe other people's thoughts, respect their ideas, because as much as you may not believe certain things are necessary, others do.And if you respect others wishes, you may have a better time in arguing your point."

Watch the full interview below.

How COVID-19 enforcement could target Ontario's most vulnerable

3 years ago

Duration 24:48

Toronto lawyer Knia Singh, Michael Blashko from the Hamilton Community Legal Clinic and former Canadian Human Rights Commissioner Sandi Bell join us live at noon on Thursday to talk about how COVID-19 enforcement could target Ontario's most vulnerable.