Legal Updates

 

Lift The Lockdown and Roman Baber v. Attorney General of Ontario

 

The latest

On Friday May 14, 2021, Lift The Lockdown and the co-Applicant, Roman Baber, were heard by the Superior Court of Justice in Toronto on the Application against the Attorney General of Ontario to strike down certain provisions of the Reopening Ontario Act that infringe on our Charter Rights to Expression, Assembly and Religion outdoors. Lift The Lockdown acted as a public interest litigant in support of our Fundamental Rights to protest and pray outdoors.

Given the considerable amount of legal submissions, the Judge hearing the Trial was not prepared to rule “off the bench”. Instead her decision is “under reserve”, to enable the Court to consider the issues and prepare written reasons. Lift The lockdown will await the decision of the Court and will not comment on the substance of the case until a decision is made public. However, we are settled with large legal bills and ask that you please donate to help us pay them at www.LiftTheLockdown.ca/donate. We are a non-profit organization subject to strict compliance and regulatory oversight.

What’s happening?

By way of an Application started on March 17, 2021, Lift The Lockdown joined Roman Baber in a lawsuit against the Attorney General of Ontario to strike down portions of the Reopening Ontario Act which prohibit outdoor gatherings, and specifically outdoor protests and outdoor prayers.

All documents have been exchanged and cross-examinations were concluded. The trial of the Application is scheduled to be heard Friday, May 14, 2021.

What does it all mean?

Winning this lawsuit would restore our Charter right to protest (Freedom of Peaceful Assembly + Freedom of Expression) and to congregate outdoors at places of worship (Freedom of Religion). Our position is that the risk of transmission of the COVID-19 virus outdoors is so exceedingly low, that any infringement of our fundamental freedoms as it relates to gathering outdoors is not “demonstrably justified” under section 1 of the Canadian Charter of Rights and Freedoms.

If we are successful, this will be the first major constitutional victory against the Ontario Government’s overreaching restrictions. Lift The Lockdown also hopes that a victory may set a precedent against limitations on outdoor activities.

What can I do to help?

Constitutional litigation is very complex and very expensive. Legal costs from the commencement of litigation through the end of the trial will exceed $100,000. We rely on our supporters to help with our legal fees. Surplus funds, if any, will be used for our next case.

Lift The Lockdown is an incorporated non-profit organization, subject to strict accounting rules and compliance. Kindly donate and help us fight the Government in court at www.LiftTheLockdown.ca/donate.