A foundational myth of Canadaâs Covid protest movement has it that at some climatic point in this horror-show the judiciary will rush in to vanquish our medical tormentors. A recent ruling by Justice Kirker of Albertaâs Court of Queenâs Bench pours pails of ice-water onto this fever-born fantasy.
On December 7 the Justice Centre for Constitutional Freedoms (JCCF) et al filed an Originating Application in pursuit of declarations vitiating Albertaâs Covid-related Public Health Orders on the grounds that these Orders violate Charter-protected rights and freedoms.
Acknowledging that this proceeding will take time to adjudicate, JCCF filed a Notice of Application, on December 10, seeking immediate suspension of the impugned Health Orders pending the outcome of the overall case. The hearing on this interim relief, pitched as a bid to âSave Christmas,â was held via video on December 21.