COVID-19 and the Charter

The Covid-19 pandemic has resulted in both federal and provincial governments putting in place measures and restrictions to protect the health of Canadians.  While many of these measures have been implemented with the good intention of protecting the health of Canadians and reducing the stress on hospitals, the measures have also engaged the Charter in different ways. 

This timely program, “Covid-19 and The Charter” explores the different ways in which various government measures and restrictions have engaged and impacted civil liberties, criminal law and access to justice. This includes the Courts’ approach to Covid-19 related Charter challenges, including the level of deference to legislatures and the way the Courts have afforded that deference.  Some of the ways Courts have departed from the usual principles of constitutional interpretation in the Covid-19 context will be highlighted. 

Our experienced panel will discuss the issue of delay caused by Covid-19 in the criminal courts and the approaches the courts and the governments have taken in dealing with this delay including the Legal Aid introduction of Judge Led Intensive Case Management Certificates.

The program will address the ways in which Covid-19 has impacted access to justice in the criminal courts and the steps lawyers and other court participants can take to alleviate some of the concerns surrounding access to justice. 

Topics include:

• How have government measures impacted civil liberties, criminal law and access to justice?
• What is the Courts’ approach to Covid-19 related Charter challenges?
• What is the level of deference to legislatures?
• How have Courts departed from the principles of constitutional interpretation?
• Issues of delay
• Impact on access to justice