{"id":4841,"date":"2020-11-10T13:59:38","date_gmt":"2020-11-10T18:59:38","guid":{"rendered":"http:\/\/cafe.nfshost.com\/?p=4841"},"modified":"2020-11-10T14:00:56","modified_gmt":"2020-11-10T19:00:56","slug":"justice-centre-for-constitutional-freedoms-says-covid-restrictions-violate-charter-basic-right-of-freedom-of-assembly","status":"publish","type":"post","link":"https:\/\/cafe.nfshost.com\/?p=4841","title":{"rendered":"Justice Centre for Constitutional Freedoms Says COVID Restrictions Violate Charter Basic Right of Freedom of Assembly"},"content":{"rendered":"\n<h1 class=\"wp-block-heading\" id=\"articleTitle\">Conservative legal group challenges new COVID restrictions on group gatherings in Alberta<\/h1>\n\n\n\n<p>Justice Centre for Constitutional Freedoms argues most deaths and severe cases were among the elderly and therefore it&#8217;s difficult to justify the restrictions<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/smartcdn.prod.postmedia.digital\/nationalpost\/wp-content\/uploads\/2020\/10\/John-Carpay-1.png?quality=100&amp;strip=all&amp;w=564\" alt=\"\"\/><figcaption>Justice Centre for Constitutional Freedoms founder John Carpay: &#8220;We&#8217;re publicly objecting to new restrictions on Charter freedom to associate.&#8221;&nbsp;PHOTO BY NATIONAL POST FILE<\/figcaption><\/figure>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"sidebarLabel\">Article Sidebar<\/h2>\n\n\n\n<p>Share<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">TRENDING<\/h2>\n\n\n\n<ol><li><a href=\"https:\/\/nationalpost.com\/news\/world\/donald-trump-accuses-pfizer-of-deliberately-waiting-until-after-election-to-release-vaccine-results\">Donald Trump accuses Pfizer of deliberately waiting until after election to release vaccine results<\/a>with Video<\/li><li><a href=\"https:\/\/nationalpost.com\/news\/world\/trump-rages-on-twitter-while-biden-claims-white-house\">Trump rages on Twitter while Biden claims White House<\/a>with Video<\/li><li><a href=\"https:\/\/nationalpost.com\/news\/world\/royal-family-deny-prince-harrys-request-to-have-wreath-laid-on-his-behalf-in-remembrance-sunday-ceremony\">Royal family denies Prince Harry&#8217;s request to have wreath laid on his behalf on Remembrance Day<\/a>with Video<\/li><li><a href=\"https:\/\/nationalpost.com\/entertainment\/celebrity\/full-pay-for-wife-beater-johnny-depp-dropped-after-filming-one-scene-in-harry-potter-spinoff\">Full pay for \u2018wife beater\u2019 Johnny Depp, dropped after filming one scene in Harry Potter spinoff<\/a>with Video<\/li><li><a href=\"https:\/\/nationalpost.com\/news\/world\/barr-tells-prosecutors-to-probe-allegations-of-election-irregularities\">U.S. election: William Barr tells prosecutors to probe &#8216;substantial&#8217; claims of voting irregularities<\/a>with Video<\/li><\/ol>\n\n\n\n<h2 class=\"wp-block-heading\">Article content<\/h2>\n\n\n\n<p>EDMONTON \u2014 A conservative legal group is challenging new restrictions on gatherings in Alberta, saying they are a violation of Charter rights to assembly. The province implemented the group gathering restrictions this week as it faces record-breaking numbers of new COVID-19 cases.<\/p>\n\n\n\n<p>The Justice Centre for Constitutional Freedoms, headed by lawyer John Carpay, has been involved in a number of high-profile cases over the years and has recently taken up a number of anti-COVID-restriction causes.<\/p>\n\n\n\nguzURose4X6lKQ%22%5D%7D&amp;enablejsapi=1&amp;widgetid=1&#8243;><\/iframe><\/figure>\n\n\n\n<p>The&nbsp;Justice Centre is also representing Canada Galaxy Pageants, a beauty pageant for women and girls based in Toronto, against a new human rights complaint made by Jessica Yaniv, a transgender person.<\/p>\n\n\n\n<p>\u201cWe\u2019re publicly objecting to new restrictions on Charter freedom to associate,\u201d said Carpay in an interview with the National Post.<\/p>\n\n\n\n<p>As yet, they aren\u2019t filing a lawsuit or anything of that nature \u2014 just raising objections.<\/p>\n\n\n\n<p>On Monday, Dr. Deena Hinshaw, the province\u2019s chief medical officer of health, announced private gatherings would be capped at 15 people in Edmonton and Calgary, in response to surges in COVID-19 cases that are putting a strain on the hospital system and leading to the deferral of surgeries and other medical services.<\/p>\n\n\n\n<p>As of Thursday afternoon \u2014 before Hinshaw\u2019s daily case update \u2014 there were 126 people in Alberta hospitals with COVID-19, 19 of them in ICU. There were 4,793 active cases, and 313 Albertans have died.<\/p>\n\n\n\n<p>Carpay argues most of the deaths and severe cases were among the elderly \u2014 the average age of death is 82 \u2014 and therefore it\u2019s difficult to justify the restrictions.<\/p>\n\n\n\n<p>Carpay contends the order is based on \u201ccases\u201d of COVID-19, \u201cincluding thousands of \u2018cases\u2019 among people who are not experiencing any symptoms or illness,\u201d he said in a statement about the challenge. He argues today\u2019s cases include completely healthy people who have a positive test, and he disputed the reliability of PCR testing.<\/p>\n\n\n\n<p>Alberta Health Services says the National Microbiology Lab found Alberta\u2019s tests to be 100 per cent accurate.<\/p>\n\n\n\n<p>Hinshaw\u2019s order says voluntary measures in Edmonton haven\u2019t successfully brought the case counts down, necessitating more stringent steps.<\/p>\n\n\n\n<p>Carpay sees it otherwise. \u201cIt\u2019s a fundamental freedom that I have as a citizen to invite 16 or 20 people over to my house if I so choose, if we choose to associate with each other,\u201d he said.<\/p>\n\n\n\n<p>\u201cWhether it\u2019s six people or 10 people or 20 people, when the government tells you how many friends you\u2019re allowed or not allowed to have over to your house, that is a very obvious and very direct infringement of freedom of association,\u201d said Carpay.<\/p>\n\n\n\n<p>In her media briefings, Hinshaw has repeatedly pointed out the majority of COVID spread in the province is because of private gatherings, and restrictions protect those who are vulnerable to the disease, as those who are less vulnerable can pass it on to elderly relatives, for example. She has said the current spike in cases is due to families gathering for Thanksgiving celebrations.<\/p>\n\n\n\n<p>Hinshaw has also said the long-term effects of catching COVID-19, even among younger people who aren\u2019t hospitalized, ventilated or dead, are not yet known<\/p>\n\n\n\n<p>In a news release, Carpay said the disease hasn\u2019t killed the early projections of 32,000 Albertans, so it\u2019s not as deadly as initially claimed.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Conservative legal group challenges new COVID restrictions on group gatherings in Alberta Justice Centre for Constitutional Freedoms argues most deaths and severe cases were among the elderly and therefore it&#8217;s difficult to justify the restrictions Article Sidebar Share TRENDING Donald &hellip; <a href=\"https:\/\/cafe.nfshost.com\/?p=4841\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[2547,2546,1565,1213],"_links":{"self":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/4841"}],"collection":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4841"}],"version-history":[{"count":1,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/4841\/revisions"}],"predecessor-version":[{"id":4842,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/4841\/revisions\/4842"}],"wp:attachment":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4841"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4841"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4841"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}