Former MPP Randy Hillier wins bid to appeal dismissal of COVID-19 lockdown Charter challenge

Kristy Nease · CBC News

· Posted: Apr 07, 2025 4:45 PM EDT | Last Updated: 5 minutes ago

Ontario's highest tribunal has ruled that gathering limits during the COVID-19 lockdown in 2021 unjustifiably violated the Charter close to peaceful assembly, and it's allowing erstwhile Ottawa-area MPP Randy Hillier to entreaty the dismissal of his situation connected the constitutionality of those limits.

In a determination published Monday, Justice Peter Lauwers wrote that peaceful assembly and governmental protestation are "integral to a functioning democracy," and that the effect of shutdown and stay-at-home orders was to "stifle" assemblies protesting those bans.

Hillier was charged with provincial offences under the Reopening Ontario (A Flexible Response to COVID-19) Act for acting arsenic a big oregon organizer at two protests in eastbound Ontario successful 2021: in Kemptville connected April 8, and successful Cornwall connected May 1.

After helium was charged, Hillier and his lawyers astatine Charter Advocates Canada — funded by the Justice Centre for Constitutional Freedoms — challenged the gathering limits. In 2023, Superior Court Justice John Callaghan determined the limits were reasonable and dismissed Hillier's challenge.

Lauwers disagreed with Callaghan's analysis, uncovering that Callaghan "focused connected the law's overwhelming societal bully successful preventing the dispersed of COVID-19, not connected ways successful which the cardinal state of peaceful assembly mightiness inactive beryllium accommodated successful the delicate task of balancing," among different errors.

'Constitution does not slice from presumption successful times of crisis'

He besides noted that Ontario managed to travel up with much tailored restrictions connected spiritual gatherings successful order to facilitate state of religion, but "no specified tailoring was performed to facilitate the close to peacefully assemble."

In fact, the grounds showed that the state failed to see it, Lauwers wrote.

"The pandemic posed important challenges for Ontario, but the Constitution does not slice from presumption successful times of crisis," his determination reads.

There is nary grounds that an exemption to let peaceful assembly outside would person accrued risk, Lauwers found, oregon that matching the exemption for permitted gatherings similar weddings, funerals and religious services would person accrued risk. There is also nary grounds of accrued hazard at the outdoor protests Hillier attended.

Court of Appeal Justices Benjamin Zarnett and Renee Pomerance agreed with Lauwers.

Hillier has 10 days to constitute to the tribunal astir what helium thinks an appropriate remedy should be, with the province's submissions and any follow-up submissions by Hillier to follow. The parties aren't seeking to beryllium reimbursed for costs.

One of Hillier's lawyers, Chris Fleury, wrote successful an emailed connection that helium and Hillier are "extremely pleased with the decision" and that "a Canadian Court has yet recovered that a authorities went excessively acold successful imposing Covid-era gathering restrictions and curtailing civilian liberties."

He declined to remark connected remedy, arsenic the contented remains earlier the court.

The Ministry of the Attorney General did not instantly respond to a petition for remark Monday afternoon.