1/ I've been reading into the Emergency Management and Civil Protection Act (EMCPA), from which, the Re-Opening Ontario Act and Stay At Home Order get their power. I've learned some very interesting things regarding the legality of the current public health orders.

2/ Firstly, Sec 7.0.2 (1) states that all orders are subject to the Charter of Rights and Freedoms. Period.

This is something we all knew; simply enacting a state of emergency does not give you carte blanche to violate any part of the charter you wish.

3/ Sec 7.0.2 (2) stipulates that (a) the damages must be alleviated by the order (the restrictions will work) and (b) that the order is a reasonable alternative to any other measure.

After 14 months, blanket lockdowns have proven to be ineffective and are not compliant with (a)

4/ Since March 2020, the government has yet to be compliant with part (b) mentioned above as they have NEVER done a cost/benefit analysis on lockdowns nor have they have they even considered other options or consulted experts with differing views. Clear violation of 7.0.2 (2) (b)

5/ Sec 7.0.2 (3) is important as it deals with limitations. The first states that the orders must be minimally intrusive.

After 14 months, I think we can all agree that these orders are not minimally intrusive. Every person in this province has been negatively affected by them.

6/ The second limitation states that the orders/restrictions can only apply to the area in the province that it's needed.

This is HUGE. The fact that gyms/restaurants/salons are closed 20 hours north of Toronto, where there is no risk, is a CLEAR violation of Sec. 7.0.2 (3)

7/ Finally, the third limitation states that the orders can only be in effect for as long as they are necessary.

Again, this perpetual state of emergency that we are in and 14 months of restrictions do not comply with this stipulated limitation.

8/ With all of these violations, it is clear that the Re-Opening Ontario Act is not compliant with the EMCPA. Therefor, it has no force in law.

This is ONE of the reasons why the crown is so reluctant to bring any charges related to the lockdown to court.

9/ This is all before even looking at the Charter and the various tests that have to be performed in order to determine if a restriction/law is permitted to violate a section therein.

If enough people are interested, I can break that down as well.

10/ Sources:

Emergency Management and Civil Protection Act R.S.O. 1990, c. E.9: https://www.ontario.ca/laws/statute/90e09#BK13

NOTE: This thread applies to Ontario only. The EMCPA is Ontario legislation. That being said, all provinces have emergency management legislation and the wording is likely very similar to Ontario's.

Thank you everyone for your support. @Roman_Baber, take a look?