CCLA Taking Steps to Fight Nova Scotia’s Protest Injunction

FOR IMMEDIATE RELEASE

May 18, 2021

TORONTO – The Canadian Civil Liberties Association (CCLA) is taking steps to fight an injunction obtained by the Government of Nova Scotia on Friday, May 14, 2021. No party was heard from by the Court with respect to the significant restrictions on freedom of expression, freedom of association, and freedom of peaceful assembly under the injunction’s exceptionally broad terms.

If Nova Scotia is unwilling to apply to set aside the injunction, the CCLA will seek to set it aside or vary it through the courts.

“We would prefer to work with the government to modify the injunction,” said Cara Zwibel, Director of Fundamental Freedoms at the CCLA. “But if the government will not work with us to refine the injunction we will be forced to take the issue to court.”

“The injunction currently bans all protests in the province – including socially distanced protests, such as driving protests. It is an indefinite ban on freedom of assembly and freedom of expression that is unjustifiable.”

“Most recently in Alberta, a broad injunction against protest activity was modified with the consent of Alberta Health Services. It was modified so that it only applied to the individuals and groups initially targeted by the injunction and could not be used to make any and all Albertans subject to arrest for contempt of court. We would welcome this approach in Nova Scotia and stand ready to advise Nova Scotia on how best to seek to vary the existing injunction.”

“This doesn’t need to be contentious or costly to taxpayers – this is a problem that can be easily fixed if the government is willing to come to the and recognize that fundamental rights and public health protocols can and must coexist. We can only hope that common sense will prevail,” concluded Zwibel.

Read the latest letter to Nova Scotia here.