Human Rights and Civil Liberties Implications of COVID-19 Mask Laws

Source: https://www.flickr.com/photos/30484128@N03/

By Linda McKay-Panos

Reposted from LawNow 45(2) with permission

As the COVID-19 pandemic continues to affect the entire world, many governments have passed legislation requiring that face masks be worn in many public locations. This has resulted in claims that the mask requirements violate civil liberties. At the same time, there have been some incidents of individuals being confronted for not wearing masks, yet they have a legitimate exemption from the mask requirements.

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The Use of the Peace, Order and Good Government Clause in Canada’s Constitution

Source: flickr/Michel Marie

By Linda McKay-Panos

Reposted from LawNow 44(6) with permission

Recent events in Canada have caused a resurgence of reliance on the Peace, Order and Good Government (POGG) clause in section 91 of The Constitution Act, 1867. When federal and provincial governments seek to pass legislation, they must have authority under section 91 (federal government) or 92 (provincial governments).

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HUMAN RIGHTS | Overt Discrimination and Hate Crimes are Increasing During COVID-19

Source: flickr/Mike Gifford

By Linda McKay-Panos

Reposted from LawNow 44(6) with permission

Generally, when talking about the situation in Canada, the emphasis is on the prevalence of systemic discrimination —policies or practices that are part of an organization, which perpetuate disadvantage. This is pervasive in Canada and difficult to address because it is reinforced by acceptance as the “normal” way of doing things.

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