Manitoba churches give closing arguments in restrictions court battle

WINNIPEG (CityNews) — Closing arguments were heard in a case that puts Manitoba’s COVID-19 restrictions under the microscope.

Justice officials deciding whether the public health orders violated charter-protected freedoms, as seven churches and three individuals say their freedoms are being violated, their lawyers summarized their argument Wednesday.

Lawyer Allison Pejovic argued that the health orders were arbitrary. Citing restrictions placed on outdoor activities. She said limiting outdoor gatherings doesn’t limit spread and no evidence provided to the court suggests otherwise.

There was a recent review of peer-reviewed studies that showed the risk of transmission is lower outdoors, but it does happen. And more research on the topic for public policy is needed.

Pejovic went on to reference the non-COVID related hospitalizations, like overdoses and mental health admissions, which she admitted they can’t trace strictly to the restrictions.

She added hospitals were inundated with COVID and non-COVID patients, at which point Chief Justice Glenn Joyal cut her off to ask if she was seriously suggesting that the threat to hospitals was equal from COVID and restrictions-related concerns.

She said there’s no data to know for sure, but that impact can’t be ignored.

Pejovic and her colleagues implored Joyal to see Manitoba’s restrictions as targeting religious groups, seeing as how movie productions could continue but churches could not.

The applicants said it was nonsensical that people could sit in their cars at Costco, but not at church, an order that has since been revoked.

Joyal pushed them to show how the orders targeted them on the basis of their religion and not on the risk inherent in large indoor gatherings. He pointed out other large indoor events, like movie theatres and casinos, were also closed.

The applicants are also arguing the orders violated their freedom of liberty. They say the winter restrictions, with Winnipeg’s frigid temperatures, made them feel like they were on house arrest.

Chief Joyal said the core question is: “can these compromises to liberty be justified?”

Government lawyers will look to legally justify the orders on Thursday as they make their closing statement.