Call It Democracy: The Slippage Amongst Rights, Laws, and Values in Canada During the Pandemic Era

This chapter critically examines the judicial upholding to date of pandemic measures within Canada, arguing that courts have, in many cases, engaged in a form of ignoring or forgetting individual rights—including scrutinizing several instances of where the judicial branch may have failed to engage in proper legal reasoning, especially with respect to aspects of the law of evidence, in order to arrive at rulings that were overall supportive of measures taken to combat the COVID-19 pandemic.