NS Court of Appeal Agrees Government Injunction to Deter Protest Against COVID Restrictions Was Too Broad

Canadian Civil Liberties Association says injunction 'went too far'

Cara Zwibel, director of the fundamental freedoms program at the Canadian Civil Liberties Association, and Alain Bartleman, CCLA special adviser for indigenous issues, hold a press conference concerning the Public Emergency Order Commission in Ottawa on Oct. 12, 2022. The Canadian Press/Sean Kilpatrick

Nova Scotia’s court of appeal has ruled that a special order to deter a spring 2021 protest against COVID-19 restrictions in the province was too broad and granted without transparency or adequate justification.

The Canadian Civil Liberties Association (CCLA) had challenged the order, called an injunction, which had been sought by the provincial attorney general and granted by by the province’s court.

The group said there were already health measures in place that gave officials the power to ticket anyone violating restrictions, and the injunction created a “harsher instrument” to dissuade protesters.

Before CCLA had a chance to go to court, however, the order was cancelled—the government asked the Court to discharge the injunction, saying it was “no longer necessary.”