In a major legal decision with implications for civil liberties across Ontario, the province’s top court has ruled that pandemic-era restrictions on peaceful protests were unconstitutional.
The case, launched by former MPP Randy Hillier, challenged the restrictions on public gatherings enforced during the height of the COVID-19 pandemic in spring 2021. Hillier had faced several charges for organizing protests against public health mandates and brought his case forward on the grounds that his right to peaceful assembly was violated.
While a lower court initially ruled that the restrictions were justified due to public health concerns, the Ontario Court of Appeal unanimously disagreed. The three-judge panel found that the application judge erred by failing to properly weigh the specific impact on the right to protest, instead considering the overall purpose of the restrictions too broadly.
The court emphasized that the provincial rules created an “outright ban” on protests, even while allowing other gatherings such as weddings and funerals to proceed under certain conditions. This inconsistent application, the court concluded, represented a breach of Section 2(c) of the Canadian Charter of Rights and Freedoms, which protects the right to peaceful assembly.
This landmark ruling sets a precedent for how public health measures must balance individual rights with collective safety. It also reopens discussions around how future emergency laws should be drafted and enforced.
Legal experts say the decision may influence similar cases across Canada and reinforce the critical role courts play in upholding Charter-protected freedoms—even during times of crisis.