The Provincial Court of Saskatchewan held that the mandatory wearing of a mask does not violate the Canadian Charter of Rights and Freedoms. This decision was made in the case of a Saskatchewan man who disrespected a public health mandate to mandate the wearing of masks in public places.
Richard Keough received four tickets for going to the Co-op grocery store at Foam Lake without wearing a mask between December 2020 and March 2021.
The latter challenged these tickets in court, as he claimed that wearing the mask sends the message that COVID-19 is true and dangerous, which is contrary to his beliefs and therefore would violate his freedom of expression.
According to arguments presented by Richard Keough’s lawyers, wearing a mandatory mask violated their client’s rights and freedoms under the Canadian Charter of Rights and Freedoms.
These arguments, however, were rejected by Judge Michelle Marquette. He believed that wearing a mask was not a form of expression and the order did not prevent Richard Keough from giving his opinion on the subject.
Richard Keough’s lawyers also argued that wearing the mask violated their client’s right to control his or her bodily integrity and his or her ability to make his or her own health decisions.
They said wearing the mask caused psychological and emotional stress to their client.
These comments were refuted by judge Michelle Marquette, as no evidence was presented in court to show that Richard Keough suffered psychological or physical harm from wearing the mask.
Miller Thomson LLP’s constitutional attorney, Roger Lepage, supported the judge’s decision.
” Even if you wear a mask, you can still say: I do not agree to wear a mask, and do not agree that there is COVID-19. But, because there is a law, you have to respect it. “
Roger Lepage also believes this decision could have an impact on similar cases in the future and it could put an end to the efforts of other people who want to challenge health measures.
There is information from Karel Houde-Hébert and Sasha Teman
Radio Canada
Source: Radio-Canada