The Freedom Update: Recent Episodes
Christine Van Geyn
The Freedom Update is the best way of keeping you informed about the CCF’s work defending constitutional rights and freedoms.
On March 14, 2023, Calgary City Council passed a new bylaw that restricts protests around city libraries and city recreation facilities, like community and fitness centres. The new bylaw restricts specified types of protests, namely protests that express “objection or disapproval” towards ideas or actions related to “race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation”.
The bylaw prohibits protests of this nature on publicly accessible property within 100 metres of an entrance to a recreation facility or a library. While enacted as a response to protests against library’s hosting “Drag Queen Story Hour”, the bylaw will actually also limit many other protests, as Christine explains in this video.
On February 17, the Public Order Emergency Commission #POEC issued it’s final report. The report was very deferential to the Trudeau government and found that the use of the Emergencies Act was reasonable. This is not the final word on the legality of the Trudeau government’s use of this extraordinary law. The Canadian Constitution Foundation has brought a judicial review of the use of the Emergencies Act, which will be heard in early April. In this video, Christine outlines some of the problems with the Rouleau report and explains the judicial review coming this April.
Dr. Jordan Peterson is being disciplined by the College of Psychologists of Ontario for public comments he has made on social media and on podcasts. While controversial, these comments do not relate to the practice of psychology. Dr Peterson has applied for a judicial review challenging the constitutionality of the provisions of the College’s Code of Ethics and Professional Standards that were relied on to order this discipline.
In this video, CCF lawyer Christine Van Geyn explains Dr. Peterson’s case against the College of Psychologists.
The Canadian Constitution Foundation is pleased that Brampton City Council has voted to conduct public consultations on proposed unconstitutional amendments to the city’s Sign By-law. On November 28, 2022, Council voted on a resolution to amend the Sign By-law to only permit the display of election posters in windows or in windows on doors, with the restriction applying to private residential property. The by-law has not yet been enacted.
Following an announcement of planned litigation by the Canadian Constitution Foundation, Brampton City Council discussed the proposed by-law change during a closed session of the December 14 council meeting. The discussion was closed to the public because it dealt with litigation or potential litigation. Following the closed session, Brampton council passed a public motion directing staff to commence public consultations regarding the making of changes to the Sign By-law in relation to election signs and to report back to Council with recommendations.
I really don’t want to bring a constitutional challenge to a new bylaw recently voted on by Brampton city council and mayor Patrick Brown. But the bylaw is so obviously unconstitutional that we have to.
We’ve written to Brampton council asking them to back down, but they voted on the bylaw anyway.
The bylaw prohibits all election signs from being displayed outside, including on your own lawn. So if there is a federal election, residents of Brampton can’t display election signs. This conflicts with a long line of cases and tramples on the right of Brampton voters to express their preferences when it matters most – during an election.
We have retained a lawyer and we are working with some Brampton residents on this challenge.
In this video the CCF's Litigation Director Christine Van Geyn summarizes some of the testimony from the Public Order Emergency Commission (Rouleau Commission) from November 15. On November 15, the Rouleau Commission heard from 2 witnesses. Brenda Luckie and Mike Duheme of the RCMP (there was a third witness later in the evening but this video does not summarize it).
This is a short summary of the Oct 28 hearing for the Public Order Emergency Commission, also known as the Rouleau Commission. This is the long anticipated public inquiry into the federal government’s first ever invocation of the Emergencies Act in response to the 2022 Freedom Convoy.
The Canadian Constitution Foundation (CCF) has been granted leave to intervene in a landmark case dealing with the scope of section 25 of the Canadian Charter of Rights and Freedoms, and how this provision’s guarantee of rights for Indigenous people interacts with the Charter.
The full release can be read here.
The CCF has filed a notice of appeal in the legal challenge to the British Columbia government’s vaccine passport regime. The government cannot save a bad and unconstitutional law or order by secretly not applying it in practice, as the government argued it had done.
On September 12, Chief Justice Hinkson of the BC Supreme Court issued his decision in the Canadian Constitution Foundation’s legal challenge to the BC government’s vaccine passport regime. The court dismissed the case as premature, finding that the three individuals who brought the case around medical exemptions had not exhausted their opportunity to apply to the PHO for a medical exemption. As a result of that finding, Justice Hinkson did not resolve the three petitioners’ arguments regarding Charter breaches.
The Public Order Emergency Commission (also known at the Rouleau Commission) is now accepting comments from members of the public on their experiences, views, observations, and ideas about the federal government’s response to the Freedom Convoy and use of the Emergencies Act. These public comments will be reviewed by the Commission in order for the Commission to carry out its mandate and fully appreciate how the federal government’s invocation of the Emergencies Act affected Canadians. The CCF is encouraging its supporters and all members of the public to submit comments to the Commission. Check out theccf.ca for advice on style/substance and for info on how to submit your comment.
In this episode of the CCF's Freedom Update, Christine interviews author and journalist Andrew Lawton about his experience reporting on the Freedom Convoy, and what some of the reporting on this grassroots movement got wrong.
In this episode of the CCF's Freedom Update, Christine talks about the poverty of Canada's constitutional culture and whether the Charter lived up to it's promise to civil libertarians.
This episode is a review of two recent articles, one written by the CCF's Executive Director Joanna Baron, and the other written by Runnymede Society National Director Kris Kinsinger.
"Joanna Baron: I thought the Charter would protect our rights during the pandemic. I was wrong" "Kristopher Kinsinger: The rot in Canada’s constitutional culture runs deep "
The Canadian Constitution Foundation was in the Federal Court on August 8 seeking the disclosure of information which goes to the heart of the government’s decision to invoke the Emergencies Act on February, 14, 2022. The CCF seeks an order for the Attorney General to deliver unredacted documents, including minutes of the Incident Response Group and Cabinet meetings leading up to the declaration of the Emergencies Act.
In this episode of the Canadian Constitution Foundation's #FreedomUpdate, Christine talks about a recent case from the Supreme Court of Canada. The British Columbia government argued to restrict the ability of public interest groups like charities to sue them. They lost, and the Supreme Court has upheld a broad and purposive approach to granting public interest standing. Public interest standing is the cornerstone of Charter litigation in Canada. Without the ability to bring cases as a public interest litigant, charities like the Canadian Constitution Foundation would have a harder time doing our work. If you think it sounds cynical that the government tried to restrict the ability of charities like us to sue them, well, we agree. And in this video Christine explains why the government lost, and what this means for the future of our organization.
On July 15, 2022, the BC Court of Appeal released the long awaited decision in Cambie Surgeries Corporation v British Columbia. The appeal was dismissed with the majority written by Chief Justice Bauman and Justice Harris, and a concurrence by Justice Fenlon.
We remain optimistic about a victory for patient rights in the Cambie case following an appeal to the Supreme Court. Read our full press release here.
In this episode of the Freedom Update, Christine gives a critical update about our case challenging the federal government’s use of the Emergencies Act. The government had previously fought the Canadian Constitution Foundation’s challenge, including be claiming that they had to keep documents that reveal the reason for invoking the act secret.
The government has now changed their position, and is releasing those documents to us. This is a huge breakthrough in our case, and our team of lawyers will now be going through the documents to make sure the government isn’t hiding anything. And if they are, we will be heading back to court.
Our main challenge to the federal government’s use of the Emergencies Act will now be heard in October, and we are gearing up for a big fight.
In this episode the CCF’s Litigation Director, Christine, looks into why hospitals in Canada are overwhelmed right now even though COVID cases and hospitalizations are trending down. See information on COVID hospital trends.
Check the video's YouTube description for links to the studies and data quoted in this clip.
In this episode of the Canadian Constitution Foundation's Freedom Update, Christine interviews North Korean defector Yeonmi Park. This was filmed at the Canada Strong and Free Networking Conference in 2022, where Ms. Park gave remarks.
In this episode of the CCF’s Freedom Update, Christine discusses a recent decision by the Alberta Court of Appeal that held that the Trudeau government’s “Impact Assessment Act”, known by many as the “No More Pipelines Act”, is unconstitutional.
This case is about federalism and the division of powers, and the court of Appeal in Alberta held that this law was a classic example of legislative creep, and a fatal intrusion by the federal government into provincial jurisdiction. You can read the Alberta Court of Appeal decision here.
In this episode of the Freedom Update, Christine gives a quick update about our case challenging the federal government for their illegal invocation of the Emergencies Act.
We are seeking access to documents that are supposed to shed light into the reasoning of the federal government about why they invoked this extraordinary legislation. The federal Justin Trudeau government is saying these documents need to remain a secret - and we are fighting back in court.
You can be a part of that fight by signing up at theCCF.ca/EmergenciesAct
In this episode of the Canadian Constitution Foundation's Freedom Update, Christine compares the dark symmetry between Justin Trudeau and his father, Pierre Elliott Trudeau. Both Prime Ministers relied on emergency legislation in the face of a crisis, one real (in PET's case) and one imagined (in Justin's case). Both did damage to Canadian civil liberties, and both relied on secrecy to stop oversight. How do their legacies compare?
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In this episode of the Canadian Constitution Foundation's Freedom Update, Litigation Director Christine Van Geyn asks all the Conservative Leadership Candidates one question: "what is the biggest challenge to civil liberties in Canada today?"
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The Canadian Constitution Foundation is challenging the Trudeau government for its illegal invocation of the Emergencies Act and the unconstitutional orders issued under it, including the freezing of bank accounts.
The Trudeau government invoked this extraordinary legislation, giving it powers that had a massive impact on Canadians' civil rights, and they are now saying they do not need to explain why they invoked it. The Trudeau government is arguing that they can keep the documents explaining why they invoked this law secret. This is not how we do law in Canada, and we are taking the government to court over it.
The hearing to access these secret documents will take place in May, and the larger challenge to the illegal use of the Emergencies Act will take place in the summer.
This case is complex, precedent setting, and expensive. If you believe in this work and want to help support it, please consider making a donation at: https://theccf.ca/donate/
The Canadian Constitution Foundation will be intervening in the Supreme Court hearing of McGregor v The Queen on May 19 to argue for a new proposed test about when the Canadian Charter of Rights and Freedoms applies outside of Canada’s borders. “The main overwhelming question in this case is ‘What is the test for whether the Charter applies outside of Canada?’” says CCF Litigation Director, Christine Van Geyn. “The idea that the executive could be immune from the Charter abroad is problematic and diminishes the rights and freedoms of all Canadians.”
Learn more about this case by watching the video above and reading our full press release.
In this episode of the Canadian Constitution Foundation's Freedom Update, Christine discusses whether at age 40, Canada's Charter still matters. April 17 was the 40th anniversary of Canada's charter, and Christine has a look at how well this part of our constitution has done protecting the fundamental freedoms of Canadians.
In this episode of the #FreedomUpdate, Christine gives an update live from in front of the court, live tweets the hearing, and interviews the CCF's lawyer, Geoffrey Trotter, about how the hearing went, some concessions made by the government, the details of the case and when we might expect a decision.
In this episode of the #FreedomUpdate, Christine gives an update live from in front of the court, live tweets the hearing, and interviews Erica about her experience being discriminated against by the BC government because of her inability to be vaccinated.
VANCOUVER: The Canadian Constitution Foundation (CCF) is in court on April 19 and 20 challenging the BC government’s vaccine passport regime for its discriminatory impact on people who cannot be vaccinated for medical reasons.
“We are in court challenging the BC vaccine passport system because of the need for government to create a workable system of exemptions for people who cannot be vaccinated for medical reasons” said CCF Litigation Director, Christine Van Geyn.
The BC vaccine passport policy has a closed list of exemptions and on its face (until amendments were introduced after court dates in this challenge were obtained) only permitted exemptions on an activity-by-activity basis. While the policy in no longer in force, the BC government has indicated the policy could be re-introduced if cases and hospitalizations rise again.
“Throughout this pandemic we have seen the government introduce, repeal, and reintroduce restrictions. Since it is the government’s position that there is nothing wrong with the vaccine passport policy that does not accommodate individuals with disabilities who cannot be vaccinated, we need to get judicial guidance on the constitutionality of this regime before it is re-introduced,” continued Van Geyn.
The CCF is working with several individuals on a challenge to the policy for failing to create adequate medical exemptions:
A teenage girl who developed heart inflammation after her first dose of a COVID vaccine. She is ineligible for a second dose. A woman who developed nerve damage following her first dose of a COVID vaccine, leaving her arm partially paralyzed. She then became pregnant, and her neurologist advised her not to get a second dose, due to the risk of further nerve damage, including damage that could impact her unborn baby. A woman who has complex and overlapping disabilities, has undergone approximately 15 surgeries, and who is contraindicated for numerous medications. Due to her complex medical situation and the lack of information about how the COVID vaccine may interact in the body of a person with her unique set of disabilities, and her past drug reactions, she is at heightened risk of a serious reaction to the vaccine.
“We are seeking a declaration that the BC vaccine passport policy is unconstitutional,” said Van Geyn. “There will never be a better opportunity than this one for the court to give guidance on the constitutional requirements for medical exemptions from a provincial vaccine passport program. It is extremely important for this case to be heard, even if the policy is no longer in force for now.” The CCF is represented in this case by BC lawyer Geoffrey Trotter. The written argument of the CCF and the three individuals is available here.
In this episode of the Canadian Constitution Foundation's Freedom Update, Christine discusses the fundamental freedom of freedom of peaceful assembly, guaranteed under section 2(c) of the Charter.
You may be surprised to learn that in Canada this right has received very limited judicial interpretation. It is often treated as a second order freedom to freedom of expression.
In this episode, Christine examines why that is, and whether the pandemic has changed anything for the development of this right. She also examines how the right to freedom of assembly applies to public protests, including the recent high profiles "freedom convoy" protest in Ottawa and in other parts of Canada. This video also examines some of the recent policy changes in policing that led up to the Freedom Convoy protests in February 2022.
If you want to jump straight to the analysis of the Freedom Convoy discussion, go to time stamp 21:19