On December 19, 2020, Jasmine Grandel and Darrell Mills participated in a peaceful protest against the Government of Saskatchewan’s Covid lockdown measures at the Vimy Memorial in Saskatoon’s Kiwanis Park. Police ticketed them for attending a protest exceeding Saskatchewan’s 10-person outdoor gathering limit.
Jasmin Grandel, a young mother, attended peaceful protests to express her concerns about the lack of transparency surrounding government restrictions. She was especially concerned about the requirement that her son wear a mask in kindergarten.
Darrell Mills, certified in Mask Fit Testing and trained in supplied air breathing systems, also attended peaceful demonstrations to voice his concerns about improper mask usage and the significant burdens mask mandates placed on persons with physical or psychological conditions.
For peacefully protesting and publicly expressing their opinions, Ms. Grandel and Mr. Mills were each issued hefty fines. They are only two of several individuals who have received tickets for peacefully protesting government restrictions.
Meanwhile, numerous protests on other issues occurred in Saskatchewan during Covid, and there is no indication that individuals protesting on these other issues have been issued any tickets. In fact, a series of Black Lives Matter rallies took place in Regina in June of 2020. Regina Police Chief Evan Bray himself, along with other officers, attended a large Black Lives Matter rally with hundreds of people and other police officers while the government’s 10-person limit for outdoor gatherings was in effect. Just three days earlier, Premier Scott Moe and Chief Medical Health Officer, Dr. Saqib Shahab openly endorsed and supported the large protests despite the outdoor gathering restrictions.
On April 7, 2021, the Justice Centre filed a constitutional challenge at the Saskatoon Court of Queen’s Bench on behalf of Ms. Grandel and Mr. Mills.
The challenge argues that prohibiting outdoor protests in excess of 10 people violates the freedoms of thought, belief, opinion and expression, peaceful assembly and association – protected by the Canadian Charter of Rights and Freedoms. The legal action asserted that prohibiting outdoor protests in excess of 10 people is not justified. While hundreds of people were permitted to gather in indoor facilities to shop or dine, only 10 people were permitted to gather outdoors, regardless of physical distancing or the size of the public space utilized. Further, Dr. Shahab himself has stated that outdoor gatherings are safer than indoor gatherings.
The matter was argued before the Saskatchewan Court of Queen’s Bench in Saskatoon on June 29, 2022. On September 20, 2022, the Court of King’s Bench ruled that a 10-person limit on outdoor protests did limit Ms. Grandel’s and Mr. Mill’s freedom of expression but that the limitation was justified nonetheless.
Ms. Grandel and Mr. Mills were not deterred. A Notice of Appeal was filed on October 20, 2022. Counsel for Ms. Grandel and Mr. Mills will seek to overturn the lower court’s findings that the outdoor gathering restrictions were justified.
Amongst other grounds, the main points of the appeal include the Court’s collective treatment of distinct Charter rights, the irrationality of imposing greater gathering restrictions on outdoor than on indoor gatherings, the finding that the restrictions were “minimally impairing to people’s rights,” and the level of deference given to government decisions. All materials were filed with the Court of Appeal by August 14, 2023.
The Appeal was heard on February 6, 2024.
Unfortunately, the court decided to dismiss the appeal on May 15, 2024. Our lawyers are conferring with Ms. Grandel and Mr. Mills to determine any further action.
