The Ontario Court of Appeal has given the go-ahead to a Charter challenge against COVID-era lockdown restrictions brought on by former MPP Randy Hillier.

The ruling overturns a lower court's decision that initially dismissed Hillier's Charter challenge, the Justice Centre for Constitutional Freedoms announced on Monday.

“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,” a statement from the JCCF said.

“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.”

The civil liberties organization said the former MPP was still facing numerous outstanding charges linked to similar rallies in other jurisdictions, where courts were awaiting the result of the Charter challenge. Several other similar charges against Hillier have seen been stayed or withdrawn by prosecutors.

Justice Joseph Callaghan first dismissed Hillier's challenge in a November 2023 ruling, with the JCCF asserting Justice Callaghan “erred in applying the Oakes test,” referring to a 1986 case that laid out three requirements when evaluating if a Charter infringement can be justified.

Court of Appeal Justice Peter Lauwers backed the JCCF's view, finding that gathering limits imposed by the Ontario government between April 17, 2021, through May 22, 2021, were a violation of section 2(c) of the Charter.

“Accordingly, I would allow the appeal,” Justice Lauwers wrote.

“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,” said the JCCF in its statement.

JCCF president John Carpay stated it was “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,” he added.

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