“It is necessary, therefore, to subject government rationale for any emergency measures to a degree of scrutiny that is proportional to the risk that Charter rights may have been impaired by actions based on irrational fears rather than the careful weighing of competing interests based on the evidence.”Article content
This evidence amply demonstrates that the public interest lies in not suspending the challenged measures “Against this, however, lies the very real risk that some of these travellers will unknowingly bring into Canada a potentially deadly virus, or one of the newly-emerging, more transmissible and perhaps more dangerous variants of concern,” Judge William Pentney concluded.
Judge says “Any harm to the Applicants’ rights & freedoms from a temp. stay at a hotel is not a sufficient basis to suspend a significant public health measure that is based on the advice of scientific experts, & seeks to prevent or slow the spread of COVID & its variants into 🇨🇦