HillNote
Courts have held that a situation of epidemic (or pandemic) concerns the nation as a whole and would justify Parliament’s authority to legislate for the peace, order and good government, and that such power could be exercised not only to address an outbreak, but also to prevent one from occurring or from happening again. (Toronto Electric Commissioners v. Snider, [1925] AC 396; and Ontario (A.G.) v. Canada Temperance Federation, [1946] AC 193). Notwithstanding the above, it should be noted that all legislation and policies in Canada must conform to the Canadian Charter of Rights and Freedoms. While the Charter protects the rights of Canadians, section 1 allows for “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”