COVID-19
Randy Hillier wins appeal in Charter challenge to Covid lockdowns
Former Ontario Member of Provincial Parliament Randy Hillier in the Ontario Legislature (Photo credit: The Canadian Press/Chris Young)
The Justice Centre for Constitutional Freedoms is pleased that the Ontario Court of Appeal has accepted former Ontario MPP Randy Hillier’s appeal and overturned a lower court ruling that had dismissed his Charter challenge to Ontario’s lockdown regulations. These regulations were in effect during the 2021 Covid lockdowns.
The decision was released by the Ontario Court of Appeal on Monday, April 7, 2025.
In the spring of 2021, Mr. Hillier attended peaceful protests in Kemptville and Cornwall, Ontario. He spoke about the importance of the Canadian Charter of Rights and Freedoms and the harms caused by the province’s lockdown regulations. The government’s health orders made it illegal for even two people to assemble together outdoors: a blatant and unjustified restriction of the Charter section 2(c) freedom of peaceful assembly. Other provinces allowed five or ten or more people to gather together outdoors.
Mr. Hillier has outstanding charges in Kemptville, Cornwall, Peterborough, Belleville, and Smith Falls. Prosecutors in those jurisdictions are waiting to see the results of this Charter challenge. Mr. Hillier has faced similar charges in many other jurisdictions across Ontario, but these have been stayed or withdrawn at the request of the respective prosecutors.
Mr. Hillier defended himself against the tickets that were issued to him for violating lockdown restrictions by arguing that these lockdown regulations were unjustified violations of Charter section 2(c), which protects freedom of peaceful assembly.
Four expert reports were filed to support Mr. Hillier’s case, including the report of Dr. Kevin Bardosh, which extensively reviewed the many ways in which lockdowns harmed Canadians. They showed alarming mental health deterioration during the pandemic among Canadians, including psychological distress, insomnia, depression, fatigue, suicidal ideation, self-harm, anxiety disorders and deteriorating life satisfaction, caused in no small part by prolonged lockdowns. Many peer-reviewed studies show that mental health continued to decline in 2021 compared to 2020. The expert report also provides abundant data about other lockdown harms, including drug overdoses, a rise in obesity, unemployment, and the destruction of small businesses, which were prevented from competing with big-box stores.
Justice Joseph Callaghan dismissed that challenge in a ruling issued November 22, 2023. Notably, Justice Callaghan did not reference any evidence of lockdown harms that Dr. Bardosh had provided to the court. Without reasons, the court declared that Dr. Bardosh is “not a public health expert” and then ignored the abundant evidence of lockdown harms.
Lawyers for Mr. Hillier filed a Notice of Appeal with the Ontario Court of Appeal on December 22, 2023.
Mr. Hillier’s Appeal argued that, among other things, Justice Callaghan erred in applying the Oakes test. As the Notice of Appeal states, Justice Callaghan “fail[ed] to recognize that a complete ban on Charter protected activity is subject to a more onerous test for demonstrable justification at the minimal impairment and proportionality branches of Oakes.”
The Oakes test was developed by the Supreme Court of Canada in the 1986 case R. v. Oakes, as a way to evaluate if an infringement of a Charter right can be demonstrably justified in a free and democratic society. That test has three parts. The first requires that the means be rationally connected to the objective. The second is that it should cause minimal impairment to the right. The third is proportionality, in the sense that the objective of impairing the right must be sufficiently important.
Mr. Hillier’s Appeal focused on the second part of the Oakes test: whether the regulations were minimally impairing of Mr. Hillier’s 2(c) freedom where they effectively banned all peaceful protest.
Justice Centre President John Carpay stated, “It is refreshing to see a court do its job of protecting our Charter freedoms, by holding government to a high standard. There was no science behind Ontario’s total ban on all outdoor protests.”
Fr0m LifeSiteNews
A Department of Health memo warns that Canada’s Vaccine Injury Support Program will exceed its $75 million budget due to high demand, with $16 million already paid out.
COVID vaccine injury payments are expected to go over budget, according to a Canadian Department of Health memo.
According to information published April 28 by Blacklock’s Reporter, the Department of Health will exceed their projected payouts for COVID vaccine injuries, despite already spending $16 million on compensating those harmed by the once-mandated experimental shots.
“A total $75 million in funding has been earmarked for the first five years of the program and $9 million on an ongoing basis,” the December memo read. “However the overall cost of the program is dependent on the volume of claims and compensation awarded over time, and that the demand remains at very high levels.”
“The purpose of this funding is to ensure people in Canada who experience a serious and permanent injury as a result of receiving a Health Canada authorized vaccine administered in Canada on or after December 8, 2020 have access to a fair and timely financial support mechanism,” it continued.
Canada’s Vaccine Injury Support Program (VISP) was launched in December 2020 after the Canadian government gave vaccine makers a shield from liability regarding COVID-19 jab-related injuries.
While Parliament originally budgeted $75 million, thousands of Canadians have filed claims after received the so-called “safe and effective” COVID shots. Of the 3,060 claims received to date, only 219 had been approved so far, with payouts totaling over $16 million.
Since the start of the COVID crisis, official data shows that the virus has been listed as the cause of death for less than 20 kids in Canada under age 15. This is out of six million children in the age group.
The COVID jabs approved in Canada have also been associated with severe side effects such as blood clots, rashes, miscarriages, and even heart attacks in young, healthy men.
Additionally, a recent study done by researchers with Canada-based Correlation Research in the Public Interest showed that 17 countries have found a “definite causal link” between peaks in all-cause mortality and the fast rollouts of the COVID shots as well as boosters.
Interestingly, while the Department of Health has spent $16 million on injury payouts, the Liberal government spent $54 million COVID propaganda promoting the vaccine to young Canadians.
The Public Health Agency of Canada especially targeted young Canadians ages 18-24 because they “may play down the seriousness of the situation.”
The campaign took place despite the fact that the Liberal government knew about COVID vaccine injuries, according to a secret memo.
Fr0m LifeSiteNews
Years after their arrests, Freedom Convoy leaders Tamara Lich and Chris Barber are still awaiting their sentencing after being found ‘guilty’ of mischief.
The sentencing for Freedom Convoy leaders Tamara Lich and Chris Barber has been further delayed, according to the protest organizers.
“In our trial, the longest mischief trial of all time, we set hearing dates to set hearing dates,” quipped Lich, drawing attention to the fact that the initial sentencing date of April 16 has passed and there is still not a rescheduled date.
Earlier this month, both Lich and Barber were found guilty of mischief for their roles as leaders of the 2022 protest and as social media influencers, despite the non-violent nature of the demonstration.
Barber noted earlier this month that the Crown is seeking a two-year jail sentence against him and is also looking to seize the truck he used in the protest. As a result, his legal team asked for a stay of proceedings.
Barber, along with his legal team, have argued that all proceedings should be stopped because he “sought advice from lawyers, police and a Superior Court Judge” regarding the legality of the 2022 protest. If his application is granted, Barber would avoid any jail time.
Lich has argued that the Crown asking for a two-year jail sentence is “not about the rule of law” but rather “about crushing a Canadian symbol of Hope.”
Lich and Barber were arrested on February 17, 2022, in Ottawa for their roles in leading the popular Freedom Convoy protest against COVID mandates. During COVID, Canadians were subjected to vaccine mandates, mask mandates, extensive lockdowns and even the closure of churches.
Despite the peaceful nature of the protest, then-Prime Minister Justin Trudeau and his Liberal government invoked the Emergencies Act to clear-out protesters, an action a federal judge has since said was “not justified.” During the clear-out, an elderly lady was trampled by a police horse and many who donated to the cause had their bank accounts frozen.
The actions taken by the Trudeau government were publicly supported by Mark Carney at the time, who on Monday won re-election and is slated to form a minority government.
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