The marathon Covid-19 pandemic has seen no shortage of government orders intruding on the liberties of normal life. The vast majority of these are lawful and within the power of government. That said governments can go too far and recent arbitrary rules for which athletes can and cannot go to the gym in Ontario may just be crossing the line.
Earlier this month Ontario once again closed gyms. They then carved out exceptions for various professional and amateur athletes. Some can continue to train and earn a living. Others cannot. The list of who can and who can’t go to the gym seems to have little to do with science and much to do with the whim of government.
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Laws and regulations that run afoul of the Canadian Charter of Rights and Freedoms can be struck down. The Charter provides various protections including freedom of mobility to earn a livelihood, assembly and association.
I reached out to Kyla Lee, a leading Canadian Charter lawyer, who expressed puzzlement on this “arbitrary” Ontario regulation
“Seems to me to be arbitrary and value-based. I believe boxing and wrestling are both Olympic sports, rights? So are martial arts. So if training for that is allowed then there is no clear connection I can see.”
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