Photo by Whitehorse Star
Widespread orders face legal challenge
A petition challenging the constitutionality of the Yukon government’s emergency order arising out of the COVID-19 crisis was filed Tuesday with the Yukon Supreme Court.
A petition challenging the constitutionality of the Yukon government’s emergency order arising out of the COVID-19 crisis was filed Tuesday with the Yukon Supreme Court.
The seven petitioners are seeking several declarations from the court, including a declaration that the order under the Civil Emergency Measures Act violates the Canadian Charter of Rights and Freedoms.
They seek a declaration that the order is not saved by section one of the Charter which states: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
The petition was filed by Ross Mercer, Trent Andrew Jamieson, Douglas Craig Walker, Allan Patrick Mytrash, Martin Gregory Loos, Jan Erik Martensson and Clayton Robert Thomas.
No court date has been set yet to hear the matter.
The petitioners are also seeking a declaration that the government border travel restrictions violate the Charter and are inconsistent with the provisions of the Civil Emergency Measures Act.
They seek a declaration the border travel order is inconsistent with the legislative powers of the Yukon government.
The petitioners want the Supreme Court to declare the government’s health protection order violates the Charter and therefore is of no force and effect.
And they seek a declaration that the health protection order is vague and is inconsistent with the rule of law and the government’s legislative authority.
The Yukon government maintains the steps it’s taken to protect public heath and safety in light of the pandemic are constitutional.
Premier Sandy Silver said as recently as last Friday the government has the legal authority to implement the measures it has taken.
The petition to the court also seeks all of the documents the government used in deciding to extend the state of emergency for another 90 days last Friday.
The seven petitioners want the documentation supporting the model used by the Health Emergency Operations Centre to predict there would have been as many as 2,500 cases in the territory without any restrictions, as well as any documentation supporting any other models used in the decision-making process.
“The Respondent Yukon Government has exercised its powers since March 27, 2020 with an unprecedented lack of oversight, transparency, and accountability,” says the petition to the court. “It now proposes to continue doing so until September 2020.”
It says the Yukon’s legislative assembly has been closed down with no sign of reopening before October, despite other provincial legislatures and Parliament having resumed legislative sittings.
The advice of the territory’s chief medical officer has been elevated to legal requirements.
“The decision to extend the state of emergency made by Order-in-Council 2020/100 on June 12, 2020, is a perfect and culminating illustration of the decline of Yukon’s democratic institutions,” says the petition.
“This decision was made behind closed doors, with no public debate, no public consultation, no justification and no explanation of its intended purpose or aim.
“The use of emergency powers for an extended period of time is fundamentally inconsistent with the principle of accountability that is vital to a functioning democracy. It is also antithetical to the nature of an emergency.”
The petition asks the court to clarify that declarations of emergencies are extraordinary measures that should only be resorted to as a last resort. It argues the duration of emergency declarations should be limited to responding to an imminent threat or emergency.
“While no one doubts that the Respondents aim is to combat the threat posed by COVID-19, this does not give them carte-blanche to do as they please without any justification, consultation, or oversight,” says the petition.
“This Court must guard against the invocation of emergency powers by the Respondents as a matter of convenience rather than necessity. While the latter (necessity) is legitimate, the former (convenience) is a dangerous first step towards the erosion and disintegration of democratic institutions.”
See letter on Yukon-B.C. border reopening.
Add your comments or reply via Twitter @whitehorsestar
In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.
Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.
Comments (66)
Up 4 Down 2
Geography George on Jun 23, 2020 at 5:35 pm
@JohnW. Florida, Carolinas, Minnesota, Texas, and a few other Republican states are not socialist Democrat regimes with rampant Covid19 problems. You've got it 180 degrees wrong.
Up 5 Down 2
CC on Jun 23, 2020 at 3:49 pm
@ Juniper Jackson
Don't worry we all remember you!
Up 13 Down 3
Woodcutter on Jun 23, 2020 at 3:44 pm
Biff, you are in the wrong country. However there is freedom of expression, and in my country firearms possession is a privilege that must be earned.
Up 14 Down 5
Anonymous on Jun 23, 2020 at 12:46 pm
"Biff on Jun 23, 2020 at 8:53 am"
A Yankee Doodle that doesn't realize the THE YUKON is not part of Trumpland ?
Up 5 Down 20
Biff on Jun 23, 2020 at 8:53 am
It's a conspiracy to take away our first amendment freedoms!!!!
Our second amendments rights will be next!
#makeyukongr8again!
Up 17 Down 7
DMZ on Jun 22, 2020 at 12:49 pm
@Crickets, I agree, both opposition parties need to speak against the unilateral imposition of these measures vigorously and regularly, because otherwise they seem to be giving themselves room to act the same way in the future. That's a pretty predictable path for these things, going by history. They might be trying not to be perceived as obstructive in an emergency, but this is ridiculous. Half a year under "emergency" legislation and no sign that Silver won't just keep going is unacceptable. Hanley himself called it a blunt instrument.
There seems to be a lack of knowledge about procedural tools. Not that I'm knowledgeable myself, but you want politicians to be educated about that. There's such a general contempt now for government and politics, it's really working against us. I can't believe there's nothing they can do to counter a de facto one-man rule.
Up 28 Down 2
Anonymous on Jun 22, 2020 at 10:30 am
@Snowman - You said "You know as well as I do that our only real muzzle is that we not speak out against the department we work for and this has been the case for 20 years. You are more than welcome to speak out against other departments or the government as a whole."
This has not been my experience. You cannot speak out against the government AT ALL if you are a government employee. I once made a comment on social media regarding YG's hiring practices and was hauled in and disciplined after someone had taken a screen-shot of my post and brought it to management. You are not allowed to bring negative attention on your employer. Period. Even if you whole-heartedly believe that what you are saying is correct. And the Union? Forget it. They were useless during my meetings, other than as a note-taker.
Now if you want to praise the government, or are neutral, or just want to spread the word of something they've already posted? No problem at all! Post to your heart's content on social media.
Up 16 Down 25
Yukon Party fingerprints are all over this on Jun 22, 2020 at 9:05 am
@crickets, do you really think this bunch came up with this on their own? Currie and Scott weren't getting much traction with their facebook and media criticisms, so this is an underhanded way to pretend that it's the business community that's rebelling. Whatever - we'll see what the result is. But please don't for a moment think that this crew is a bunch of heroes or martyrs, ugh. And I'm a Yukon Party member by the way, who voted in the leadership election (although I'm a bit ashamed right now)
Up 26 Down 14
B. Ollschitt on Jun 22, 2020 at 12:23 am
Matthew Sills is one of those Liberal shills... Most intelligent people know that there is no such thing as freedom of speech or even freedom of expression in Canada and certainly not in closed environments such as the Yukon.
Own it? You would have to be on the slow side of stupid to believe that you own your opinion. The Yukon is a highly regulated and tightly surveilled micro niche of intemperate and vicious liberal ideologues who have no qualms about using their power to suppress the perception of dissent let alone actual dissent to preserve their designs of an Orwellian society.
We are well into a conformist’s utopia of blissful obedience in which the unintelligent rule by decree... Look at me, look at me... I’m special can’t you see... But of course that’s intended most rhetorically... Because Liberally you can be whatever it is you want to be...
Unless of course you want to be opinionated differently... Then you will be attacked most Liberally... Pitchforks and torches replete... You’ll get the Liberal intolerance beat!
Sandy Silver and the Sceptre of power... Sits up inside his ivory tower... To rule those liberal shills from the vantage point of his window Sills... Liberal intolerance should give you all the chills... But not for you Mr. Matthew Sills!
Up 12 Down 13
ProScience Greenie on Jun 21, 2020 at 10:55 pm
Our WW2 Vets we're 110% Antifa. So am I.
Up 28 Down 26
One One-Lesser-Voice on Jun 21, 2020 at 7:16 pm
@Brad Mercier
Sandy Silver and the good doctor made a stand to protect vulnerable people and most people appreciate that.
Maybe the precaution measures were harsh but we were not locked in our homes and the military were not out in force patrolling streets and public movement like what took place in France.
Entitled business people thankfully do not run our democracy when our government leaders and health officials stand up for our welfare.
There is a time for leadership and a black and white interpretation of our constitutional rights. Why not do some back of the envelope calculations to determine where the 1200 potential deaths came from instead of a well publicized arrogant court challenge.
I support business but not a business sector which thinks it runs the show. Business calling the shots is analagous to fascism and what took place in the early stages of WWII.
Up 30 Down 31
NickyB on Jun 20, 2020 at 11:36 pm
Here in the Yukon your parents and elders were never in danger; but they sure raised gullible fools. The necessary regulations kept the public out of nursing homes. Those who were vulnerable, or possibly exposed on their travels, self isolated, and their contacts traced. The airport was closed to international visitors and border crossing restricted.
The rest of the restrictions and shut-downs on businesses that destroyed segments of our economy, were never justified or necessary.
Those of us in the trades ignored the foolish regulations and just kept working like normal. The govt likewise ignored us because they knew better than to challenge our common sense. None of us ever caught Covid, nor did the staff at WalMart or the street people who also ignored the regulations.
The sheeple were all played. Corrupt politicians scared them into giving up control over the most basic questions in their lives. At the same time, politicians gave more power to their obedient followers, like BLM & Antifa, while keeping you trapped at home and censored online. Did all that hoarded toilet paper make you sheeple feel safe?
Left wing governments used the pandemic to unjustly seize power and restrict democratic process like never before and now they have to answer for it.
Up 30 Down 27
Brad mercier on Jun 20, 2020 at 8:05 pm
Gods on ya. Thank you to the petitioners for standing up for our charter of rights and govt accountability.
Up 22 Down 17
Crickets on Jun 20, 2020 at 7:32 pm
Why is there are only silence coming from the Yukon Party right now? We need their support to push this thing through! Get off the dang fence and show some backbone already. Like would it kill you to share the GoFundMe for the lawsuit!? Stop being cowards. I see Linda Benoit donated. Perhaps I voted the wrong way in the leadership race.
Up 16 Down 15
JohnW on Jun 20, 2020 at 4:11 pm
DavidG and his ilk have clearly bought into the CBC anti-American propaganda and gleefully parrot it with smug self-righteousness. It's obvious they never do any research to see if their beliefs are backed-up with facts. If they did they would discover that 1/3 of the US Covid deaths are in the socialist Democrat run greater NYC region, another 1/3 are in the other big cities run by socialist Democrat regimes. The last 1/3 of the Covid deaths are sparsely scattered across that vast expanse of Republican America that voted for Trump. For most of America the Covid death rate is equal to or less than Canada's. Of course that's not something the TrumpHate cult wants to talk about or admit.
Up 29 Down 31
drum on Jun 20, 2020 at 3:20 pm
We are so lucky to live in the Yukon = keep the restrictions and keep us healthy. Thank you Dr. Hanley and his team. Would you like to live in Toronto? So many deaths due to COVID-19.
Up 45 Down 54
One One-Lesser-Voice on Jun 20, 2020 at 10:45 am
I support the government and think this challenge will go nowhere.
Sure it's tough to have restrictions forced upon you but on rare occasions its justified.
Business owners do not represent the general public well they represent their own profit based models.
Up 39 Down 12
Groucho d'North on Jun 20, 2020 at 10:31 am
I recall Yukon's first Liberal government led by Pat Duncan built their campaign around two key issues: Renewal and accountability. The renewal was to modernize the work of the territorial government to flatten departmental empires that had grown and to seek better economies of scale to stretch what good things they could do with our tax dollars.
The other issue was to improving accountability and professionalism to the legislature. Here we are 20 years later with a different Liberal government who appear to regard accountability as something not worth the time and effort to demonstrate to the electorate. Of course, this will not score well on their next report card.
Up 29 Down 5
Henry Wensleydale on Jun 20, 2020 at 9:41 am
Matthew Sills on Jun 19, 2020 at 7:57 am
HUH ? Are you that naive ?
Even a low skills black hat hacker can cause you problems for the rest of your life if he knows your real name and address.
Up 44 Down 14
Expat on Jun 20, 2020 at 7:59 am
As someone who was previously part of Y(T)G for decades going back to the days of Chris Pearson what I see happening today concerns me greatly, and it would concern me equally if it was the NDP or Yukon Party holding office as well. Make no mistake, what is happening regarding this emergency order is all about establishing a precedent which would have been completely unimaginable only last year. You can bet your last dollar that future territorial governments of the day will use 2020 as justification to take similar actions while setting a lower bar for doing so each time. The YG of todays standard MO is to push as far as possible until ordered to back off and we've all seen that happen repeatedly over the years both from inside and outside government. Yukon residents need to hope the court sides with these petitioners on their more valid points of concern because if not Yukon is going to become a very different territory in the future. This isn't about supporting Liberal, Conservative, or NDP as rest assured if todays government is permitted to continue this the other parties will have an open door to use it as well. You need to be very concerned no matter what your political leanings may be.
Up 40 Down 25
Natalie on Jun 20, 2020 at 5:45 am
This is a real David and Goliath story if there ever was one. A few individuals going up against the Liberal Apparatchik machine with its never ending taxpayer funds. Sandy Silver how do you and your Liberal MLA’s really feel about yourselves when you look in the mirror and realize you are now fighting the very same Yukon people that you swore an oath to serve? Sandy Silver how does your conscience allow you to maintain this charade you’ve created? For shame! Meanwhile silent Larry Bagnell is probably wishing he could find a hole in the ground to crawl into and hide right about now.
Up 28 Down 37
Snowman on Jun 19, 2020 at 10:30 pm
@Yukoner79 That's BS. I am also a civil servant and can tell you that things have been much better since the conservatives lost the last territorial election. They were brutal for not wanting anyone to speak out against them. Just recently on this comment section they threatened a comms staffer's employment because he dared to call out Brad Cathers. I don't believe for one second you were told who you could and couldn't associate with outside of work. You know as well as I do that our only real muzzle is that we not speak out against the department we work for and this has been the case for 20 years. You are more than welcome to speak out against other departments or the government as a whole. If what you said really happened, you need to go to the union or the Public Service Commissioner, not the anonymous Whitehorse Star comment section.
Up 29 Down 14
Juniper Jackson on Jun 19, 2020 at 9:10 pm
ARNIE: I am repeating this post: I used to post my real name. And after one contentious debate people started calling me and threatening me and my family. There are a lot of nut cases out there. For all I know you are one of them, hoping to know who I am so you can hunt me down and argue..or God forbid, hurt me somehow? Egg my car? I don't know that you, or any reader here won't do that.. And to boot!! How do you know I am not the crazy in the group? You don't know me or what i might do.. Sometimes I sound like a wing nut. Do you really want me to know your name? Where you live? Who your kids are? It's not a safe world right now. I would advise everyone, present your opinion, don't knock someone else because they differ, and never, never give anyone, especially in a public forum, your name. That's all they need to find out the rest. Be safe.
Up 34 Down 20
Jc on Jun 19, 2020 at 5:59 pm
Mathew Sills. We choose anonymity because Yukon is a small place and Whitehorse is a small city. We don't want to start a war with each other. We can have our say and stay anonymous. You must be very ignorant and naive not to understand that.
Up 29 Down 25
Jc on Jun 19, 2020 at 5:56 pm
Moose, I was born in the very early 40s. I used to be Liberal many years ago. In 1968 a card carrying communist was elected as the Liberal Prime Minister - just 4 years after I served 4 years in Germany with NATO to keep communism out of the western world. Without mentioning his name, he was the father of the present PM. He turned the traditional liberalism to the left. They are now so far in left field, they are no longer in the ball park. Now, unless you are around my age you will not know this. I haven't walked through life with my eyes and ears closed. I have kept informed all these years. Dementia hasn't set in yet. Those born after the 1970s will never see the freedom, security and hope for the future that my generation has seen. We lost it through the new age left wing liberal progressive ideology brought in by JTs father. And I miss it. But alas, will never see it. Neither will you and your descendants. Good luck with BLM, the antifas and other Marxist groups coming up. They are your knew future.
Up 34 Down 32
Satthew Mills on Jun 19, 2020 at 3:48 pm
@ Matthew Sills
Well Matthew in the real world many of us have jobs and aren't allowed to vocalize our opinions because we will be fired.
Further, politics and opinions couldn't be more divisive right now. Do you really want to know your neighbour is a Flat-Earther? A Climate Change denier? Or Worse....a YuCon Party supporter?
Up 53 Down 27
Yukoner79 on Jun 19, 2020 at 2:34 pm
Matthew - because the majority of the hardcore rebuttalists are Liberal staffers, defending their honour. As for me - I am a public servant whose job would be on the line if this government knew my identity. I have already been warned about who I can and can't be seen with outside work hours. Public servants have to be very careful in the last few years.
Up 31 Down 43
Matthew Sills on Jun 19, 2020 at 7:57 am
I have followed the debate in this newspaper with interest, and have made comments on several occasions. What I do not understand is why the majority of commenters hide behind a pseudonym and appear to be reluctant to attach their names to their opinions. If that that is how you feel, own it! If their is a valid reason for a pseudonym, I would love to hear it. I apologize that this post is not on the subject matter above, but this really bugs me.
Up 45 Down 29
Vaudeville Act on Jun 19, 2020 at 4:18 am
Will this troupe be touring the Yukon this summer with their show?
Up 41 Down 42
DL on Jun 18, 2020 at 11:32 pm
That's great, and I hope they win. It doesn't make sense to take such drastic lockdown measures for a virus about which little is known. We keep hearing that the tests are unreliable, a lot of false negatives, therefore this new virus could be much more widespread than we know, which makes all restrictions quite pointless. Remember, initially we were told that the lockdown was to flatten the curve. Although we did not even get a curve in the Yukon, we're still undergoing restrictions... Many countries which went into total lockdown did not fare better than those with less restrictions. Meanwhile, the great majority of people with covid19 only have mild symptoms, and most of those who died WITH covid19 had other conditions which would have caused their death anyway.
There is a lot of irrational fear and guilt-tripping whipped up by mainstream media. We need to use our critical thinking, and look up at facts from expert presentations on independent media. Even the annual WHO flu statistics will provide much needed perspective: in the end covid19 isn't much worse that seasonal flu.
Last but not least, think about the impacts of the lockdown that we will have to address for years to come: domestic abuse and substance abuse on the rise, bankruptcies and shattered businesses. Business income isn't about taking anyone's life away (get serious), fact is that business income makes living in the Yukon possible. Yes, for all of you.
Up 38 Down 46
Arnie on Jun 18, 2020 at 10:01 pm
Hey Yukoner 71 how exactly has Sandy dismissed democracy? The legislature NEVER sits in the summer. So he hasn't dismissed anything. Should he open up the legislature right now for a special session? Maybe, but that would be going above and beyond what's normal. He wouldn't be restoring anything that was lost.
Plus, the government offered the opposition a chance to debate the budget and other things in the house but they turned it down. If they were really serious about wanting a chance to debate these things, they would have jumped at any chance to go into the legislature and do so. The fact they turned it down shows that their real goal is to play political games outside of the legislature and feign victimhood instead of engaging in constructive debate. https://www.whitehorsestar.com/News/liberals-report-radio-silence-from-parties
Up 35 Down 28
Moose on Jun 18, 2020 at 7:19 pm
@JC What exactly is liberal "ideology"? They sit in the centre politically. The NDP is socialist on the left and the Conservatives are full blown dog-eat-dog/survival of the fittest capitalists on the right. So I would be curious to hear what the liberals are, if not in between the socialists and capitalists?
Up 42 Down 29
Oya on Jun 18, 2020 at 6:27 pm
So many people missing the point of this petition.
It was not filed to force the opening of borders and restaurants and the like; it was filed to challenge the Government's questionable authority to take such draconian measures in the name of a global pandemic when the actual effects here in the Yukon have been minimal.
Don't get me wrong. If the risk is there (backed up by data), then by all means do what you have to do to protect Yukoners.
While perhaps the initial closing of borders and businesses might have been justified, it is the extending of the emergency state without any data to support that extension that is the problem - at least in my mind. This emergency status allows YG to restrict and/or remove your civil liberties that are guaranteed by the Charter.
I'm all for questioning YG's legal authority to remove my civil liberties. Let the Court decide where the line should be or has already been drawn.
@ Bud YG often misinterprets legislation on purpose in an effort to protect their own. I think you are underestimating YG's approach to civil lawsuits and some of the more senior YG lawyers (who like the 9-5 with benefits as opposed to working 80 hours a week in private practice). YG does whatever it takes to win their lawsuits and they only back down when they know they hit a solid wall. Do you really think they didn't know the law re the Peel? Do you really think they don't know the law re FN rights? Oh, they know it alright. They just choose to assert their power with the hopes the courts will side with them and set precedent for the next case. YG approaches legal issues with a "cut-throat" attitude wasting your and my tax dollar on cases they know they should lose. Believe it. It happens again and again and again.
Up 33 Down 21
woodcutter on Jun 18, 2020 at 5:13 pm
@conservative
at the time of reading, I see 19 likes. Your assumption that all the detractors of this clown show are collecting the CERB are demonstrative of a collective stereo- type that the folks of BLM are sacrificing to overcome. Your assertion that this is a privately funding initiative is incomplete, as the governments response is costing of the tax payer.
I can attest this progressive talking at you now, has never been busier since covid, and my wife would love to work, however all the schools and daycares are closed.
Perhaps one day, you may come to grips with your hate and make the world a nicer place, however I doubt that someone with a provincial attitude as yours can change, with out divine intervention.
Up 28 Down 33
Gringo on Jun 18, 2020 at 5:04 pm
Some comments about the protesters however what some people may not realize is that They ALL work for a living and want that to continue, not sit at home on the Liberal TERD money.
Up 36 Down 36
Juniper Jackson on Jun 18, 2020 at 3:55 pm
Dan Davidson must be an American transplant to think about suing first thing.. my personal opinion would be no.. The court case is NOT about covid. It's about suspending civil liberty as guaranteed in our Constitution. If government, and people are permitted to override our Constitution, then the guarantee's for our freedoms is lost.
Trudeau is an example of the worst that can happen in a democratic society. Parliament should sit 135 days a year. MPs are not worked very hard. To date, the Parliament has sat 39 days. We are without governance, leadership or oversight committee's that keep Government in line with checks and balances. Trudeau defunded the Auditor Generals office, and they do not have enough money to operate, leaving NO accounting on Trudeau's expenditures. We have a dictatorship with a weak dictator too boot. Our freedoms are eroded with the heavy handedness of the sitting governments. I hope someone is suing Federally as well.. So, Dan, I guess you can sue.. anyone can sue about anything, But, I hope these guys win.
Up 35 Down 28
Fred Norris on Jun 18, 2020 at 3:52 pm
This legal action has come about due to 2 major factors.
One, the shaky Imperial College model (the study which got the models COMPLETELY WRONG), the model used to establish political policy worldwide, and used to extend the emergency here. It has been proven to be woefully flawed, and admitted so by the WHO, Fauci, and many others. So why is this still the basis for the lockdown? Farr's Law strongly suggests this virus peaked globally months ago
Secondly, the Opposition party's (the elected "officials") complete abandonment and silence on this issue. They have either forgotten that they were elected to hold the government to account, or the entire opposition has been compromised to such a degree that they dare not speak against this out of fear of disclosure.
So, now we have the private sector clogging further the meat grinder that is the legal system. Vincent Larochelle, the lawyer for the petitioners, explained his position in a radio interview on the June 17 episode of "midday cafe", and Larochelle himself laments the fact that this will be heard in front of a judge, and not the legislature.
In the meantime please remember, if you are still scared of the virus, stay home, while the rest of us who aren't afraid keep the wheels of commerce and civilization turning.
Up 41 Down 22
Yukontrue on Jun 18, 2020 at 3:11 pm
Funny I read through these comments and yes I sense fear. Have any of you noticed that the folks running the check points have ZERO PPE on ? What is Dr Hanley’s reasoning for them to not require masks? What are their restrictions when they leave the checkpoint for the day? Are they in quarantine constantly because of the close direct contact with the folks that we are fearful of? I think not as I followed a checkpoint worker right downtown ..... Seems to me we are not consistent with what works and doesn’t work. Covid is real I agree 100%. What’s not real is the Yukon emergency!
Up 46 Down 47
Donovan on Jun 18, 2020 at 1:52 pm
Good on these people. It's time to stand up to the Doctor and Sandy. I for one did NOT vote for the Doctor to be making public policy about our health and economy.
Why didn't I vote for him? Because HE IS AN UNELECTED OFFICIAL. But Sandy has given him the power to control every aspect of our lives. Who actually knew his name before this? The territory has ZERO cases but according to the virus fighting duo, I'm going to die if I don't wear a mask.....but it's okay without one. Stay 12 feet away...no 6...no maybe 2 will be enough. The lack of true leadership and information through this by Sandy Silver is appalling. The Doctor is spewing figures based on an outdated algorithm (at least by 2 months). They refuse to enter the true numbers into the algorithm, because it will make them look like a donkeys behind.
This Doctor and Sandy have beat this dead virus horse to a pulp. Leaving a trail of out of work and suffering people behind them
And to top it all off, Wallyworld, the Stupid Store, and Crappy Tire are all business as usual. Every other business must please a bureaucrat with a "plan" that has NO guidelines, in order to open again. If the bureaucrat sitting at home doesn't like 1 aspect of your plan...forget it your out of business. Never mind if you've been in business for 20 years.
When I opened my business I didn't have to make a plan for the guberment to approve. Why should I have to now? AGAIN with NO cases in the Territory. I for one can't wait until election. I can't wait for Sandy to lose his own riding and go off into the history books as the Virus Dictator he is.
Donovan
Up 74 Down 65
Conservative party on Jun 18, 2020 at 12:47 pm
Obviously all these unsupportive commentators are enjoying they CERB cheque’s and all their free time at home. How about get your butt to work so your kids won’t have to work to pay for your current well being. This was all privately funded it says and it is not affecting your CERB cheque. So wave your liberal flag, grab a BLM sign and go embrace your leaders...
Up 53 Down 83
Loretta on Jun 18, 2020 at 10:55 am
First, I can see you completely understand epidemiology! The risk is still very real for Yukoners with US residence travelling through and Yukoners still coming from points south for many different reasons. I don't appreciate you potentially putting my family at risk because this will violate my charter rights to an expectation of safety and protection which I believe is being done with these regulations. It takes a level of maturity to cope and realize we all have rights and we ALL need to be protected. I see few masks being worn in stores so regulations are at least something to help to continue to hold back the curve.
Up 68 Down 60
jc on Jun 18, 2020 at 10:44 am
Liberal governments love dictatorships. People of Canada have to stand up to them. Time for Canadians to wake up and force the elected governments to listen to "the people". We elected them to govern not dictate their party ideology and philosophy. That becomes communism.
Up 82 Down 63
David Griffiths on Jun 18, 2020 at 10:03 am
Hey, if they want to play fast and loose with Covid-19, I say give them a border pass and let them go to the US and see for themselves firsthand what happens when you ignore sound medical advice.
Up 64 Down 59
Will on Jun 18, 2020 at 8:00 am
Seems like a waste of time and money on everyones part. Do these guys even acknowledge the fact that we are in a pandemic situation?
What do they hope to accomplish? Just open the borders and let the cards fall where they may?
I guess we shouldn't expect anything more from a bunch of Libertarians.
Up 73 Down 52
Klondike Man on Jun 18, 2020 at 6:09 am
Fellow Yukoners, last election the Liberal campaign signs said 'Be Heard'. So let's do just that, the next time you see Silver or his MLA cronies on the street tell them exactly what you think, preferable with both index fingers fully extended to ensure he gets your message. My fellow Dawsonites, do your part when he's in town.
Up 77 Down 72
Yukoner '71 on Jun 18, 2020 at 5:19 am
Good on you guys! Someone had to step up and take a stand against this self awarded dictatorship that Silver and the Yukon Liberals have given themselves. If you need financial assistance please set up crowdfunding so that Yukoners such as myself who are livid about Silvers casual dismissal of our democracy can support you.
Up 75 Down 68
Yukon nomad on Jun 18, 2020 at 12:50 am
This bunch really thinks they are special!
It is pretty obvious we are doing something right with the low Covid 19 numbers we have. Not to mention with the risk the Alaska Hwy brings to us from the south.
So, after all done to date, this bunch wants to throw it out the window and let's just say the hell with even trying! Well, the Sorry Seven; I think the rest of the Yukon deserves an opinion too, and I think they support the gov't being careful vs their pocket books. The shutdown hurts most of us in the private sector, but most value life more than a dollar. Would the Sorry Seven be so stubborn in hindsight if they lost vulnerable people close to the to Covid?
Probably not; but they would still have their money to count as a comfort!!!
Up 68 Down 50
DMZ on Jun 17, 2020 at 10:23 pm
This is fantastic. Just when you've given up all hope on Yukoners.
Up 86 Down 34
Han on Jun 17, 2020 at 10:05 pm
I was kinda supportive of the govy order until the protesters gathered on main street and endangered everybody's lives as per the “ plan”. When I complained to the covid enforcement group they said nothing they could do because Charter of Rights supercedes govy order. I call that selective hypocrisy.
Up 42 Down 18
Lost In the Yukon on Jun 17, 2020 at 9:58 pm
Saw that one coming ...
Up 73 Down 73
Snowman on Jun 17, 2020 at 9:40 pm
No coincidence that all of these guys are diehard Yukon Party conservatives. Their new boy king probably put them up to it. Thankfully the government is listening to medical professionals and following the lead of other larger jurisdictions instead of people like these Yahoos.
Up 76 Down 66
BnR on Jun 17, 2020 at 7:21 pm
For God sakes. The Seven Pillars of Rights and Freedoms!! I'm sure they were all down at the Black Lives Matter protests, because these Seven Paragons of Freedom are all about Charter freedoms. What a joke. What, Martin can't buy a new muscle car this year and is cranky?
You can bet this crew would be the first ones complaining if our health care facilities were overwhelmed with C-19 cases.
Just because we are escaping the worst of this doesn't mean it isn't happening.
What a waste of time and taxpayer dollars. But hey, none of these guys has ever let that worry them before.
Up 48 Down 31
Nice work ! on Jun 17, 2020 at 6:31 pm
I'm just wondering if the petitioners have taken time to consider why the Yukon might be under stricter conditions? Or whether the lawyer just found some easy money.
Keep in mind I don't agree with the handling of this by the Liberals.
But one case in a small community COULD decimate a large part of the population. The Yukon has a great/poor healthcare system. It is not nearly large enough to deal with a serious outbreak and flying everyone to Vancouver isn't an option. Because of the remote area of the Yukon, the precautions taken may seem extreme, but they were necessary as one case could lead to catastrophic results (I'm assuming this will be the gov's argument)
I'm glad the petitioners stepped forward, however, if they fail they have set a precedent for what the government can do next time. If they succeed, well, they'd have accomplished the same.
Good luck.
Up 65 Down 44
BB on Jun 17, 2020 at 6:28 pm
Awesome. I don't agree with opening the border, but I definitely agree with opening the legislature and seeing what data supported the decisions made. We have not had a case since April 20, and we are still supposed to act like our lives are in jeapordy every time we go out the front door?
Thanks for taking the time, guys.
Up 64 Down 61
Roy on Jun 17, 2020 at 5:56 pm
"Our profits are more important than everyone's safety" is what I'm hearing.
I certainly hope none of the petitioners took one cent of relief money, and if they have, have already sent their repayment cheques to the government.
Also, we should be watching to see if any of these people complain in the future if any of them get sick, or they try to apply for any kind of bailout.
Up 78 Down 28
Wes on Jun 17, 2020 at 5:24 pm
Clayton Thomas......
Say no more.
Up 36 Down 57
Max Mack on Jun 17, 2020 at 5:21 pm
I applaud this petition. It's about time. Why haven't the opposition parties stepped up to the plate? Hiding behind their faux outrage . . . demanding more baubles for their own . . .
As for the Supreme Court, I have little doubt that this petition will be turfed one way or the other. To remove any doubt about my meaning, I have little confidence in the Supreme Court.
Up 85 Down 59
Joke on Jun 17, 2020 at 5:19 pm
The Yukon is full of "men" like this that think the rules and laws don't apply to them, Clayton Thomas is a prime example of that. The entire country is going through the same thing. They need to suck it up and quit wasting court time. All because they aren't used to not getting their way or being told no. Opening borders for self serving reasons hurts many more than it helps. This whole petition is a complete joke and honestly a bit embarrassing for the Yukon.
Up 58 Down 42
Bud McGee on Jun 17, 2020 at 5:10 pm
This would not be the first, and, likely won't be the last time Government of Yukon lawyers have misinterpreted the law. Peel Watershed anyone? I hate to say this, but YTG lawyers are not the cream of the crop. The smart law school graduates go into much more lucrative private practice.
To use a basketball analogy, when YTG lawyers go up against private lawyers it's like sending in a high school varsity team against an NBA professional team. YTG lawyers constantly lose private litigation matters. Not to mention numerous losses over First Nation rights.
British Columbia was originally exploring the idea of banning travelers from Alberta, and abandoned the idea after a legal review. Instead, BC discourages Alberta travelers.
I applaud these gentlemen for taking this Government to task on what appears to be a violation of Section 6 of the Canadian Charter of Rights. The existence of a declared public health emergency does not suspend the protections of the Charter.
YTG lawyers may have misinterpreted the law, and the Government of Yukon might have over-stepped their jurisdiction. The judge will decide, and there will likely be an appeal.
Up 69 Down 60
woodcutter on Jun 17, 2020 at 4:51 pm
It was only a matter of time, for someone to challenge common sense. No one is forcing any of these folks to stay, if you don't not like it, move. I hope the courts assign the cost the tax payers are going to have to fork over for these 7 fools.
The government swerved the citizens from going over a cliff, and in return they get the clown show lawsuit. Now we know the who puts money over the life and well being of the citizens of the Yukon.
We only have to look south of the Canadian border to see what will happen when the governments we elected stand around and have public discourse, political yak, yaking and a lack of intestinal fortitude to make the hard decisions required in the face of a global pandemic.
Up 72 Down 40
Dan Davidson on Jun 17, 2020 at 4:50 pm
So if the petitioners win and the COVID-19 rates spike, can those who get sick sue them?
Up 64 Down 47
Resident on Jun 17, 2020 at 4:14 pm
Not surprised by the names on that list. Ties to the Yukon Party as well.
Up 62 Down 46
Juniper Jackson on Jun 17, 2020 at 4:11 pm
Some people are terrified. So cautious that they can't leave their homes. Thats ok, Stay home..but don't make me stay home. When Tam issued so many conflicting reports, mask, don't mask, don't close borders, close borders, stay home, go out.. go to Dr. don't go.. I realized if I wanted better information I was going to have to go somewhere else for it. Trudeau shut down government, the only country in the world that closed down government. But then, made law through Order in Council, by- passing any parliamentary discussion..WTH???? A trillion dollars in debt for 23 million taxpayers? He gave people so much money they don't have to go out to work. Sit on welfare, CERB, If our businesses could open, they are scratching for employee's. CERBers are going to have to pay taxes on 8 to 10K, think.. 15% territorial, 15% federal.. 30%.. Going to be a lot of tears next tax year. And for what? For empty hospitals, for stroke deaths, heart attack deaths, suicides, my neighbor beaten to a pulp by a drunk husband who fell off the wagon after 18 years, taxi's weren't running, she ran to my house and we called the cops...drugs, runaways.
How did that work out for us for 11 people that didn't even have to go to a hospital. You can't decide anymore if you need to see a doctor. You have to call for a phone appt. tell the appt desk why you even want to talk to a dr. and the dr decides if you need to see her/him or not. So much for privacy. I can talk to the dr. but I didn't like discussing it with a receptionist. Nice as she was. For what? How much illness went undiagnosed?
There was a bigger price than money to be paid on this little experiment. One would think the medical profession would realize something was wrong when there was a run and black market business on toilet paper.
I think the restaurants and bars should all open up for business.. announce a protest meeting where protesters can buy supper or lunch with other protesters. Our PM himself went out to protests, his photo op was NOT six feet from the cameras or anyone else. So, dinner is not ok, but a protest shoulder to shoulder is? I used to post all of my URLs to support my opinions, but if someone else had a different opinion, they would post that many URLs supporting theirs. Now, I just offer MY opinion. Believe whatever you want to believe and act accordingly. I hope these folks win their court case. Premier Hanley has gone too far, and people are pushing back. Politician's never learn a damned thing.
Up 70 Down 61
Dave on Jun 17, 2020 at 3:58 pm
It’s about time someone took Silver and his government to task for this travesty. Way to go and thank you guys.
Up 138 Down 103
SheepChaser on Jun 17, 2020 at 3:33 pm
Woah. This is a surprise. Thank you to the petitioners for taking a stand in a time when most seem incomprehensibly satisfied with the B.O.H.I.C.A. model of Yukon governance.
Up 149 Down 146
Derp on Jun 17, 2020 at 3:32 pm
What a bunch of clowns. Good luck wasting everyone's time and money you fools.