The applicant challenged Ontario pandemic legislation, a municipal medical officer of health's closure order and enforcement directions, and a trespass notice issued after he deliberately reopened a restaurant for indoor dining in protest of COVID-19 restrictions.
The court held that the EMCPA, the ROA, and O. Reg. 82/20 were intra vires provincial legislation addressing local public health and economic regulation.
It found no infringement of freedom of expression, freedom of peaceful assembly, or ss. 7, 8, or 9 Charter rights, and held that any infringement would in any event be justified under s. 1.
The court also held that the medical officer of health acted within statutory authority under the HPPA and the Trespass to Property Act, and that the judicial review aspects could properly be heard together with the constitutional application.
The application for judicial review, constitutional relief, and Charter relief was dismissed.
