Ross Mercer and six co-plaintiffs are appealing a Yukon Supreme Court decision from November, which dismissed their legal challenge of the Yukon’s Civil Emergency Measures Act (CEMA).
The original court case asserted that CEMA, the law behind emergency measures during the COVID-19 pandemic, is irreconcilable with Canada’s Charter of Rights and Freedoms.
The challenge was filed by Mercer and his co-plaintiffs in 2020. It sought to have CEMA — in whole and in part — declared of no force and effect due to incompatibility with Canadian constitutional principles.
In her written decision on the challenge, Chief Justice Suzanne Duncan stated that the plaintiffs have a “fundamental disagreement” with the powers that CEMA bestowed upon the government. She also noted that the plaintiff’s businesses were negatively impacted by many of the executive orders issued during the pandemic response.
“The economic and logistical hardships they experienced as well as the feelings of frustration, disaffection and distrust directed towards government are undeniable,” reads Duncan’s judgement.
However, Duncan ultimately ruled that the plaintiffs were asking the court to interfere inappropriately with the government’s operations. She wrote that striking down all or parts of CEMA would be “an unlawful intrusion by the judiciary into the jurisdiction of the legislature.”
The appeal, received by the court on Dec. 1, asks that Duncan’s judgment be set aside and that their original complaints against CEMA be declared valid. The plaintiffs are also seeking full coverage of their legal bills.
A document filed with the Yukon courts indicates the appeal is expected to take two days.
Contact Matthew Bossons at matthew.bossons@yukon-news.com