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'Vague' NWT health orders draw ire of civil liberties watchdog

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2303relief61 Infrastructure Minister Katrina Nokleby, left, looks on as Finance Minister Caroline Wawzonek speaks to reporters on March 20 at the legislative assembly. Nick Pearce/NNSL photo

Orders issued by the NWT chief public health officer banning public gatherings could fall short of constitutional standards, according to a letter the Canadian Civil Liberties Association sent to Justice Minister Caroline Wawzonek last Friday.

SA国际影视传媒淲e have significant concerns about the constitutionality of this order,SA国际影视传媒 wrote Abby Deshman, the associationSA国际影视传媒檚 criminal justice program director.

She wrote that SA国际影视传媒渢he Constitution sets a higher standard for necessity, clarity and proportionality for ordersSA国际影视传媒 than those Chief Public health officer Kami Kandola signed.

Justice Minister Caroline Wawzonek speaks to reporters on March 20 at the legislative assembly.
Nick Pearce/NNSL photo

Deshman outlined two broad concerns with KandolaSA国际影视传媒檚 April 10 orders banning indoor gatherings and restricting outdoor gatherings to under 10 people while distancing.

First, there were no clear definitions of public or private gatherings under the order, SA国际影视传媒渨hich makes these prohibitions unacceptably vague,SA国际影视传媒 she wrote.

Second was the lack of exceptions to the outdoor gathering restrictions.

If the orders were followed to the letter, she wrote, they wouldnSA国际影视传媒檛 let a child and parent walk down the street together without being two metres apart. Deshman added that this likely wasn't the orders' intention.

SA国际影视传媒淚t is critical, particularly at a time that individualsSA国际影视传媒 basic liberties are being so severely curtailed, that orders are carefully and precisely drafted,SA国际影视传媒 she wrote.

SA国际影视传媒淔ailing to do so undermines the legality of the order, creates confusion, and opens the door to arbitrary and discriminatory enforcement.SA国际影视传媒

Sharing the letter on social media, Yellowknife North MLA Rylund Johnson wrote that the concerns werenSA国际影视传媒檛 the SA国际影视传媒渉ighest priority for our government at this time, however they are still extremely important.SA国际影视传媒

Minister Wawzonek told SA国际影视传媒 Monday that she received the letter and would respond to the association within the week.

While the letter was addressed to her, she noted the justice minister didn't create and can't modify the public health orders, which fall under the Department of Health and Social Services.

As attorney general, Wawzonek serves as a legal adviser for cabinet, she said.

"This is a role I take very seriously because it helps ensure that considerations of legality, including the Constitution and the Charter, are always part of the operations of government," she wrote.

SA国际影视传媒淜eeping an eye on youSA国际影视传媒

When the government rolled out the emergency measures, enforced by a compliance task force, Health Minister Diane Thom said it was a necessary measure.

SA国际影视传媒淲hile we provided advice weeks ago, we are confident that it is necessary to put legal weight behind these measures to respond to this unprecedented threat,SA国际影视传媒 she said at the time.

As those rules come into force, Yellowknife lawyer Garth Wallbridge said that association's letter may have a point, but ideally, these arguments would be phrased more as opinion and include an invitation to work on the file, he said.

Wallbridge was meanwhile supportive of the chief public health officer and cabinet efforts, but he said it is important that orders are well-written, focused and specific.

SA国际影视传媒淚 personally believe the encroachments weSA国际影视传媒檙e seeing on our constitutional rights at this moment, will be completely removed. I donSA国际影视传媒檛 have any concerns about that,SA国际影视传媒 he said.

Michael Gannon, another Yellowknife lawyer, said it was healthy to have a discussion over civil liberties with lawmakers, "not one-way monologue."

SA国际影视传媒淎s people get their liberties constrained longer and longer, it becomes harder and harder to just comply without some transparency as to why weSA国际影视传媒檙e doing this, or why weSA国际影视传媒檙e continuing to do this,SA国际影视传媒 he said.

For Gannon, itSA国际影视传媒檚 important to keep government accountable so residents have their say.

SA国际影视传媒淓verybodySA国际影视传媒檚 got to keep an eye on things, and I think thatSA国际影视传媒檚 what the Civil Liberties Association is saying: WeSA国际影视传媒檙e keeping an eye on you,SA国际影视传媒 he said.





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