(2) If, based on the opinion of the chief medical health officer that the increased rate of infection or the expectation of an increased risk of infection from SARS-CoV-2 is likely to cause a serious public health threat, the minister determines that it is in the public interest to do so, the minister may order that any or all of the measures set out in subsection (3) are to be taken for the purpo. [...] (3) An order made pursuant to subsection (2) may impose all or any of the following measures that are set out in the guidelines or that the minister considers necessary for the purposes of the order: (a) a requirement that persons wear a face covering in the manner set out in the order; (b) a requirement to limit the size of gatherings in the manner set out in the order; (c) a requirement that per. [...] [23] The Chambers judge reviewed the evidence and the history of the PHOs and the reasons why they were made. [...] The applicant appealed that decision but, by the time the matter came before the Court of Appeal in the summer of 2023, the SMOs had Page 11 long since expired. [...] The intervenor suggested that the Court ought to look to the criminal law context, where multiple Charter breaches are considered cumulatively in the determination of whether the admission of evidence obtained in a manner that infringed the Charter would bring the administration of justice into disrepute.
- Pages
- 44
- Published in
- Canada
