OCLA researcher Denis Rancourt, PhD, has authored a new report (OCLA Report 2022-2) explaining fundamental errors of law in Canadian court decisions in which the constitutionality of governmental COVID-19 measures were challenged.
From the Introduction:
The purpose of this article is to show that Canadian courts have denied their jurisdiction by deferring evaluations of key scientific questions to medical experts in constitutional cases about Covid mandates.
I write the present Report:
• to encourage scientists to research and understand the legal context in which they are asked to contribute as experts
• to encourage applicants of constitutional challenges and their lawyers to be more demanding of judges vis-à-vis protecting the institution of justice, and to pursue appeals on this basis
• to illustrate using analyses of Covid cases how wrong a scientific position adopted by the court can be
• to argue that several seminal rulings of provincial superior courts on the constitutionality of Covid measures imposed by provincial governments are invalid pursuant to jurisdictional errors of law
