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    2024-05-08 - Defendants Provide Updated Charter Challenges Table To Court

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    Canadian Society for the Advancement of Science in Public Policy
    Dr. Henry responds to Justice Crerar's letter of 6 May, 2024. Justice Crerar had requested an updated table of COVID-related Charter challenges since Dr. Henry first provided an earlier revision on 1 May, 2023. This is her cover letter with an attached amended table.

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    2024-05-08 - Defendants Provide Updated Charter Challenges Table To Court

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    Canadian Society for the Advancement of Science in Public Policy
    156 views5 pages
    Dr. Henry responds to Justice Crerar's letter of 6 May, 2024. Justice Crerar had requested an updated table of COVID-related Charter challenges since Dr. Henry first provided an earlier revision on 1 May, 2023. This is her cover letter with an attached amended table.

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    2024-05-08 - Defendants Provide Updated Charter Challenges Table to Court

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    Dr. Henry responds to Justice Crerar's letter of 6 May, 2024. Justice Crerar had requested an updated table of COVID-related Charter challenges since Dr. Henry first provided an earlier revision on 1 May, 2023. This is her cover letter with an attached amended table.

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    156 views5 pages

    2024-05-08 - Defendants Provide Updated Charter Challenges Table To Court

    Uploaded by

    Canadian Society for the Advancement of Science in Public Policy
    Dr. Henry responds to Justice Crerar's letter of 6 May, 2024. Justice Crerar had requested an updated table of COVID-related Charter challenges since Dr. Henry first provided an earlier revision on 1 May, 2023. This is her cover letter with an attached amended table.

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    May 8, 2024

    VIA EMAIL < [email protected] >

    Vancouver Law Courts


    Supreme Court Scheduling
    800 Smithe Street
    Vancouver BC V6Z 2E1

    Dear William Gallagher, Manager, Supreme Court Scheduling – Civil:

    Re: CSASPP v. HMK & PHO


    Supreme Court of British Columbia Vancouver Registry No. S210831

    We are counsel for the defendants in the above-noted proposed class proceeding, which is
    being case-managed by Justice Crerar.

    We write in response to the Memorandum to Counsel of Justice Crerar dated May 6, 2024.
    Please find enclosed an updated version of the Province’s table “Charter Challenges to COVID-
    Related restrictions”.

    We respectfully request that this letter and its enclosure be directed to the attention of Justice
    Crerar. Thank you in advance for your assistance in this regard.

    Yours truly,

    Chantelle Rajotte
    Legal Counsel
    /jh

    Enclosure

    Cc: Polina Furtula, counsel for the Plaintiff (via email).

    Ministry of Attorney General Legal Services Branch Location:


    Litigation Group 1301 - 865 Hornby Street
    Vancouver BC V6Z 2G3

    Phone: 604 660-6795


    Email: [email protected]
    Charter Challenges to COVID-Related Restrictions (updated May 8, 2024)

    Did respondent(s) Did Court find any prima Did Court find any prima
    Status at end of hearing Update as of May 8, 2024,
    concede any prima facie facie Charter facie infringement was
    on April 28, 2023 if any
    Charter infringement? infringement? justified under s. 1?
    Prima facie infringement of
    Court found prima facie
    ss. 2(a), 2(b), and 2(c) Appeal dismissed, 2022
    infringement of ss. 2(a), Court found infringements Application for leave to
    Beaudoin v. British conceded BCCA 427.
    2(b), 2(c), and 2(d) were justified under s. 1 for appeal to the SCC
    Columbia, 2021
    religious petitioners, but not dismissed, 2023 CanLII
    BCSC 512 Respondent disputed any Application for leave to
    Court found no infringement for protestors 72130.
    infringement of ss. 2(d), 7 appeal to the SCC filed.
    of ss. 7 or 15
    and 15
    Canadian Society
    The appeal of the
    for the
    respondent society,
    Advancement of
    Notice of appeal filed. CSASPP, was dismissed as
    Science in Public No prima facie infringement Court found no infringement
    n/a Hearing set for October 3-6, moot, 2023 BCCA 383. The
    Policy and Kipling conceded of ss. 2(a), 2(b), 7, or 15
    2023. appeal of the respondent,
    Warner v. British
    Kipling Warner is still under
    Columbia, 2022
    reserve.
    BCSC 1606

    Maddock v. British Notice of appeal filed.


    No prima facie infringement Court found no infringement Appeal dismissed as moot,
    Columbia, 2022 n/a Hearing set for October 3-6,
    conceded of s. 7 2023 BCCA 383.
    BCSC 1605 2023.

    Eliason v. British
    Columbia (Attorney No prima facie infringement Court found no infringement
    n/a Appeal abandoned.
    General), 2022 conceded of ss. 2(c), 6(2)(b), 7, or 15
    BCSC 1604

    CM v. Alberta, 2022 No prima facie infringement Court found no infringement Appeal dismissed, 2024
    n/a
    ABKB 716 conceded of ss. 7 or 15 ABCA 136.
    2

    Did respondent(s) Did Court find any prima Did Court find any prima
    Status at end of hearing Update as of May 8, 2024,
    concede any prima facie facie Charter facie infringement was
    on April 28, 2023 if any
    Charter infringement? infringement? justified under s. 1?
    Application for leave to
    Lewis v. Alberta
    No prima facie infringement Court found no infringement appeal to the SCC
    Health Services, n/a
    conceded of ss. 7 or 15 dismissed, 2023 CanLII
    2022 ABCA 359
    49297.

    Appeal dismissed, 2023 Application for leave to


    Ontario v. Trinity
    Prima facie infringement of Court found prima facie Court found infringement ONCA 134. appeal to the SCC
    Bible Chapel et al,
    ss. 2(a) conceded infringement of s. 2(a) was justified under s. 1 dismissed, 2023 CanLII
    2022 ONSC 1344
    72135.
    Ontario Nurses’
    Assn. v. Chief
    No prima facie infringement Court found no infringement
    Medical Officer of n/a
    conceded of s. 7
    Health (Ontario),
    2021 ONSC 5999
    Appeal dismissed, 2023
    Prima facie infringement of Court found prima facie
    MBCA 56.
    Gateway Bible ss. 2(a), 2(b), and 2(c) infringement of ss. 2(a),
    Baptist Church et al conceded 2(b), and 2(c) Court found infringements
    Appeal under reserve Application for leave to
    v. Manitoba et al., were justified under s. 1
    2021 MBQB 219 appeal to the SCC
    Respondent disputed any Court found no infringement
    dismissed, 2024 CanLII
    infringement of ss. 7 and 15 of ss. 7 or 15
    20245.
    Grandel v.
    Prima facie infringement of Court found prima facie
    Saskatchewan, Yes
    s. 2(b) conceded infringement of s. 2(b)
    2022 SKKB 209
    3

    Did respondent(s) Did Court find any prima Did Court find any prima
    Status at end of hearing Update as of May 8, 2024,
    concede any prima facie facie Charter facie infringement was
    on April 28, 2023 if any
    Charter infringement? infringement? justified under s. 1?
    Appeal dismissed as moot,
    Court found prima facie
    Taylor v. 2023 NLCA 22.
    infringement of s. 6(1)
    Newfoundland and No prima facie infringement
    Yes
    Labrador, 2020 conceded Application for leave to
    NLSC 125 Court found no infringement
    appeal to the SCC granted,
    of s. 6(2) or 7
    2024 CanLII 35287.
    Court found it was not “plain
    and obvious” that alleged
    ss. 6(1) and 6(2)(b)
    breaches would fail;
    Koehler v.
    however, the Court found
    Newfoundland and No prima facie infringement
    the alleged ss. 2(c) and 15 n/a
    Labrador, 2021 conceded
    claims had no prospect of
    NLSC 95
    success, and in any event,
    the plaintiffs’ claims for
    Charter damages were
    similarly bound to fail.
    Court found no infringement
    of ss. 6(1), 7, 8, 9, 10(b), n/a
    11(d), 11(e), or 12
    Spencer v. Canada
    No prima facie infringement (The implementation Appeals dismissed as moot,
    (Health), 2021 FC
    conceded (Note: the implementation of infringement of one 2023 FCA 8.
    621
    the orders was found to applicant’s ss. 9 and 10(b)
    infringe one applicant’s s. 9 rights was not justified.)
    and 10(b) rights)
    4

    Did respondent(s) Did Court find any prima Did Court find any prima
    Status at end of hearing Update as of May 8, 2024,
    concede any prima facie facie Charter facie infringement was
    on April 28, 2023 if any
    Charter infringement? infringement? justified under s. 1?

    Canadian
    Constitution
    Court found no infringement
    Foundation v. No prima facie infringement
    of ss. 7, 6(1), 8, 9, 10(b), n/a
    Attorney General of conceded
    11(d), 11(e), or 12
    Canada, 2021
    ONSC 4744

    Sprague v. Her
    Majesty the Queen No prima facie infringement Court found no infringement
    n/a
    in right of Ontario, conceded of ss. 7, 12, or 15
    2020 ONSC 2335

    Harjee v. Ontario, No prima facie infringement Court found no infringement Appeal dismissed as moot,
    n/a
    2022 ONSC 7033 conceded of ss. 2(a), 7, or 15 2023 ONCA 716.

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