Have you ever heard of anyone who contracted COVID-19 through playing golf? I’ll bet you haven’t, nor will you because the outdoor spread of the virus has been shown to extraordinarily rare. It would certainly be far less likely to occur out on the golf course than in a supermarket filled to 25% of its normal capacity. .But that doesn’t logic seem to bother Ontario Premier Doug Ford, whose zeal to “protect” Ontarians has made him outlaw virtually all outdoor gatherings, including golf, religious services, protest marches, and children’s outdoor sports, despite the fact people are still allowed to gather indoors, albeit in limited numbers and for limited purposes. .The rules are contained in regulations to the Reopening Ontario Act, a statute whose purpose and effect seems to be in direct conflict with its name. .Children almost never contract coronavirus, and the probability of survival if they do is 99.997%. They’re at much greater risk of dying in a car accident, but we don’t have laws forbidding them to ride in cars. Outdoor team sports, however, is forbidden..It’s madness like this that has impelled Ontario MPP Roman Baber, together with a grassroots organization called “Lift the Lockdown” (LTL) to bring a constitutional challenge against the outdoor gathering rules of the Ontario lockdowns. The case will be argued in court Friday, May 14. It will be one of the first to proceed to trial in Ontario, but it tackles only a very limited component of the lockdown measures. If they’re successful, LTL will move on to challenge other portions of the lockdown orders. .You may recall hearing Baber’s name after Ford removed him from the Progressive Conservative caucus in the legislature for daring to question the wisdom of lockdowns. But before he became an MPP, Baber was a commercial litigation lawyer. He knows the ropes in the courtroom. However, rather than having a fool for a client, he has hired a lawyer to act for him and LTL. .It has all been done lickety-split, and with little publicity. The evidence will be presented to the judge in written form: affidavits of witnesses, plus transcripts of cross-examinations that have already been held. Nobody will testify live over Zoom. There will just be oral argument by the lawyers..LTL will argue that the outdoor lockdown violates the Charter, specifically the freedoms guaranteed in Sec. 2: freedom of expression, of peaceful assembly, and of religion. The government will presumably argue these encroachments on freedom are “demonstrably justified in a free and democratic society” under Sec. 1 of the Charter. I’m eager to see what evidence they could possibly have for saying that. They’ve never presented any so far, beyond political rhetoric. .A win in this case would have broad implications for Ontario, and would also set a precedent to be followed in other provinces. Among other things, kids could play outdoors with their friends, golf courses could start operating again, and churches and synagogues could conduct outdoor services without the cops arriving and hauling away their religious leaders. .Most importantly, however, is the mass protests and demonstrations that have been occurring in Toronto and other Ontario cities every weekend since the lockdowns began. The protests that are almost never reported in mainstream media, but can usually be discovered only on social media, will be legal again. Police have become increasingly aggressive about trying to shut down such events and charge the protesters for breaking the law. Tickets are being issued for $750 per person per incident, and a minimum of $10,000 per incident for organizers. This blatant and despicable denial of free expression should stop..From my own history as a constitutional lawyer, I know litigation like this is expensive. There are lawyers’ fees and witness expenses. To assist LTL in this important case, I’ve organized a crowdfunding campaign..When the first and second branches of government – the legislative and executive branches – fail the citizens, all we can do is turn to the third branch, the judiciary, and ask for the constitution to be applied..Please keep your fingers crossed for Baber and Lift the Lockdown this Friday..If you pray, now’s the time. .Karen Selick is a Columnist for the Western Standard
