The Justice Centre for Constitutional Freedoms sent New Brunswick a warning letter after the government announced that the unvaccinated could be barred from entering grocery stores, leaving many potentially unable to feed their families.
According to Health Minister Dorothy Shephard, the action plan comes as the province sees a “very concerning” rise in COVID infections over the last two weeks, particularly among unvaccinated Canadians. However, the region only reported 97 cases and two deaths since Thursday.
The province’s recently unveiled “winter action plan” enables businesses and grocery stores to bar unvaccinated individuals. However, Shephard claimed that enforcing physical distancing or checking for proof of vaccination are both optional measures.
The Justice Centre’s letter came on December 7, and demands that parts of the policy are amended if not reversed.
The Justice Centre also claimed the Order discriminates against people of all faiths who attend funerals, weddings, and social gatherings by requiring the owners and occupiers to ensure occupants are fully vaccinated, while non-faith gatherings have no such requirement.
The Order states: “In every church and other faith venue, paragraph 2 does not apply, but the owners, occupiers and managers are required to take every reasonable step to ensure at every indoor faith gathering that every person in the venue is fully vaccinated against COVID-19.”
“This is an unconscionable violation of the Canadian Charter of Rights and Freedoms, and it has no scientific or legal justification.” states Andre Memauri, staff lawyer at the Justice Centre. “Vaccine-free New Brunswickers who are grieving the loss of a family member cannot attend a funeral but are permitted into a pool hall with a negative test”.
The Justice Centre also challenged the grounds by the Order to implicitly invite private sector grocery stores to freely choose vaccination requirements for entry. According to the release, “The right to food is a fundamental Human Right enshrined in various international instruments including Article 25 of The Universal Declaration of Human Rights and Article 11 of the International Covenant on Economic Social and Cultural Rights amongst other Human Rights instruments.
In a guide published by the federal government, Public Safety Canada names food as one of ten critical infrastructure sectors, calling its preparation and delivery an Essential Service and Function. While provinces have been free to manage public health restrictions within their jurisdictions and mandate lockdowns during the pandemic, grocery stores remained unscathed until now.
“An invitation to the private sector to consider such egregious discriminatory practices triggers historic Charter violations” said Memauri. “Potentially depriving citizens of food constitutes an act of cruelty. It is discriminatory, unconstitutional, and likely an offence under international law.
But Shepherd claims, “The measures are not difficult,” adding that while residents are “tired and frustrated” with the pandemic, more restrictions could be on the horizon. True North reported that Saturday’s restrictions highlight the first level of a three-level escalating alert system.
The province’s Chief Medical Officer of Health, Dr. Jennifer Russell and its health minister explained the province could adopt the more restrictive Levels 2 or 3 if active COVID-19 infections and hospitalization continue to climb. The subsequent levels would reduce household bubbles, lower capacity in public spaces and restrict travel from designated areas.
But, as of Friday, there are 711 active cases following another 75 recoveries.
“We must all live with COVID-19,” said Russell. “That’s not the same as ignoring COVID-19.”
She said the virus would remain a part of New Brunswickers’ daily lives for a long time.
“The power to keep us in level one is in our own hands,” said Shephard. “While [the] government can come up with requirements and recommendations, it is up to each individual to do the right thing.”
But Memauri contends that “No one should be barred from the ability to purchase food to feed their family.” He said, “Canada is better than this.”
“Everyone wants to have as normal a Christmas as possible, and we want that for you,” Shephard continues. “However,” she said, “everyone should keep your contacts as low as possible. If you’re unvaccinated, it is recommended you avoid informal indoor gatherings, such as those held in households.
A complete list of the action plan levels and what they entail can be found on the Government of New Brunswick website.
