PUBLIC HEALTH - Consumer product safety

Law360 Canada ( October 2, 2024, 3:00 PM EDT) -- Motion by Citizens Alliance of Nova Scotia ("CANS") for public interest standing concerning an immunization program in response to the COVID-19 pandemic. Nova Scotia's Chief Medical Officer of Health, Strang, verbally issued the first order to decrease the risk to public health presented by COVID-19. The order expressly mandated public adherence to various "protocols" such as the COVID-19 Protocol for Proof of Full Vaccination for Events and Activities and the COVID-19 Mandatory Vaccination Protocol in High-Risk Settings. CANS and JM by his litigation guardian KM, challenged the lawfulness and legitimacy of the orders and the COVID-19 Protocols ("Impugned Orders"). JM was a child aged 16 at the time of the Impugned Orders. The Impugned Orders imposed restrictions and the requirements of masking and quarantine. CANS argued that the impugned orders were coercive and forced especially for children aged of 12-16 years. CANS argued that the impugned orders were unlawful and overstepped statutory authority and related protection. CANS acknowledged that it should first obtain a Court Order granting it public interest standing before it could presume to represent the public interest. JM supported CANS' position but did not seek public interest standing. The respondents contended that CANS had not raised a serious issue because the impugned orders had not been in effect and that CANS failed to develop a sufficient evidentiary basis for the court to properly assess whether a serious issue had been raised....
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