Hamilton police constable among officers behind constitutional challenge to lockdown measures
A Hamilton police constable, known for expressing strong views against COVID-19 measures, is among 19 officers from across the province behind a constitutional challenge alleging Ontario's pandemic rules are forcing police to breach the Charter of Rights and Freedoms.
The notice of application was filed late last month on behalf of 15 current and four retired officers. The civil action claims lockdowns and stay-at-home orders amount to martial law," and that the pandemic does not meet the criteria for Ontario to declare an emergency."
Among those named as applicants is Hamilton police Const. Vilika Zafirides, who formerly worked in the mounted unit. According to multiple sources she has been very vocal about her views.
Zafirides declined to comment through lawyer Rocco Galati, who is representing the group.
The applicants claim enforcing rules around public gatherings, masks and lockdowns are not scientifically or medically based." And that politicians, public health and supervising police are stripping officers of their right to use discretion, making them violate their oath and breach people's rights.
The claims have not been tested in court.
The group is seeking a number of declarations including that pandemic measures are based on false and fraudulent use of the PCR test" - the polymerase chain reaction test, which detects COVID. They claim the tests result in a high rate of false positives.
However, Colin Furness, an infection control epidemiologist and an assistant professor at the Faculty of Information at the University of Toronto, said the PCR argument is a typical COVID-denier misunderstanding."
In Ontario we are underdiagnosing by a factor of four, something proven through blood serology studies," Furness said, adding it's ridiculous" to argue that false positive from PCR tests mean we are overdiagnosing.
The application also claims there is scientific consensus that masks are completely ineffective in avoiding or preventing transition."
Again, Furness said this is untrue.
Claiming that masks have no effect, which they do, (is) contradicted by numerous studies," he said.
The application targets Ontario Premier Doug Ford, Ontario's attorney general, federal officials and five police chiefs, including recently retired Hamilton chief Eric Girt.
Hamilton police declined to comment because the application is before the courts.
As of the end of April, the police service has had nearly 60 members - both civilian and sworn - test positive for the virus. Around 500 members have been vaccinated.
The Ministry of the Attorney General said the application is without merit and is asking the court to dismiss it.
Canadians' rights and freedoms under the charter are not absolute. Section 1 of the charter states they have reasonable limits."
However, in the application the group claims that Section 1 doesn't apply because the imposed measures are not rational and their problems outweigh their benefits.
During a news conference Galati noted that the officers speak out at personal and professional risk.
Anybody who dares speak out is ostracized," said Galati, who is also the executive director of the Toronto-based Constitutional Rights Centre.
Among the primary concerns he noted was the vagueness" of Ontario's rules under the Emergency Management and Civil Protection Act and the Reopening Ontario Act.
Many of these regulations are not specific enough, they're too vague and broad and aren't clear enough to enforce uniformly and fairly," he said, adding that this has led to a wide range" of interpretations and some officers acting hostile of violent.
The application argues that religious services and protests should be exempt from rules on gatherings and that restricting interprovincial travel violates charter rights. They also want police supervisors to stop coercive and illegal conduct" pressuring officers to wear masks, get COVID-19 tests and vaccines.
Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com