Group requests judicial review of N.S. COVID-19 decisions

The Nova Scotia Supreme Court is being asked to conduct a judicial review of almost all decisions made by the provincial government in response to the COVID-19 pandemic.

The request is being made by the Citizens Alliance of Nova Scotia, which describes itself as a grassroots organization committed to "protecting the human and constitutional rights and freedoms of all Nova Scotians."

The alliance names the province's Chief Medical Officer of Health Dr. Robert Strang, Health and Wellness Minister Michelle Thompson and the attorney general as respondents.

The group is asking for a hearing in Supreme Court in Yarmouth next week. Coincidentally, most of the province's pandemic restrictions will have been lifted by then.

In an affidavit accompanying its application, the group claimed restrictions and orders imposed under Nova Scotia's Health Protection Act have "adversely impacted CANS' ability to [fulfil] its vision and mission by, among other things, requiring the organization to ask for [proof of vaccination] from would-be participants, which CANS considers an unacceptable violation of people's privacy and Charter rights."

As part of its legal case, CANS lists nearly 20 orders and directives issued by Strang and other government agencies from October 2021 up to last month.

The request for judicial review was first launched in October 2021 and amended last month.

In the affidavit, CANS writes that it's taking the action on behalf of members "whose daily lives, family activities, mental health, physical well-being, exercise of Charter rights and freedoms, employment and social relations have been adversely affected by the order under review."

CANS claims the various health orders created what amounts to a "coercive regime," which effectively forced the vaccination of anyone over the age of 12 in order for them to be able to participate in normal daily activities.

In a statement to its members, CANS said it is hoping that the judicial review will lead — at a minimum — to a quashing of provincial requirements to provide proof of vaccination and an order prohibiting the vaccination of minors.

When asked Thursday, Strang said he was aware of the lawsuit but said he was not very concerned "about that having any kind of impact or traction."