-
May 6th, 2020, 03:53 PM
#21
It is what it is JL.
We can dance around it, walk on eggshells. We can argue endlessly why not, or why it's ok. At the end of the day..........
But to your point.. "yep". I suppose Quebec closing the border, First Nations closing theirs, Us (mainly closing ours), other countries, States in the US. It's not a request to stay home....Northern Ontario tourism resorts, not a request. Camping in the middle of nowhere. Not a request...
I hope I express it well. 
Enforcement?
Some cost, but really, nothing more than running plates.... Done every day, whether on the road or in a driveway...wrong area code?
Like the COs know certain times of year to hit certain rivers, boat launches...Liscence please
but ultimately.
I really don't "sweat" it. I take care of my own safety...and its ok...
-
May 6th, 2020 03:53 PM
# ADS
-
May 6th, 2020, 06:11 PM
#22
Has too much time on their hands
Originally Posted by
fishermccann
I did not know that medical officer of health can make laws, unilaterally.
They can't. They can however issue orders and advisories using the powers granted them under the law. Same type of thing happens under many different existing laws - Safe Drinking Water Act, Water Resources Act, Fish and Wildlife Act, Environmental Protection Act etc.. In many of those instances it is called a Provincial Officer's Order and the order will lay out conditions and time lines. Like anything else you can chose to fight it but it is on your own nickel. No Order from a health unit or otherwise can violate your Charter Right's or other super-ceding laws(eg. a municipality cannot pass a by-law that contravenes provincial or federal law) If that happens and you fight it you will win but be broke. The order also has to be reasonable given the circumstances. An unreasonable order would also fail in a court challenge.
Last edited by Species8472; May 6th, 2020 at 06:45 PM.
The wilderness is not a stadium where I satisfy my ambition to achieve, it is the cathedral where I worship.
-
May 7th, 2020, 07:11 AM
#23
So my neighbour's specialty is criminal law. He's going to look into it.
Looked at the mayor's FB this morning and he had this posted about the Chief medical officers order. It comes under section 22 of the health promotion and protection act. He says there are just as many residents in favor of it as there are cottagers against. Enforcement will not likely happen.
My neighbour said he read an article where Ford wasn't very happy about what the chief medical officer did in Haldimand Norfolk. He also said those people that tested positive in Simcoe Muskoka should of went back to their primary residence to get tested.
https://m.facebook.com/story.php?sto...3&id=619987672
-
May 7th, 2020, 03:09 PM
#24
What part is he looking into. The authority a health officer has for their municipality?
Remember, we are under the EA. Which was declared by the Province and I’m sure every municipality declared their own. That might change the normal way of things.
I read this way back. I kind of like knowing what I might be subject to.
There’s a few sections that are pertinent to what Munis are supposed to do. And under section 7, what powers the province has to restrict movement, and more. Pretty much Carte Blanche if ford wants to pull the trigger.
The section that might pertain to the Munis is section 4. I suspect it might be something lawyers could or would have to fight in court.
I know if I was in charge of a Region. And I felt it necessary to do X. I wouldn’t worry much about Ford. And if it cost me my job later. well I can walk away with my head high. Presumption being I was convinced I was doing the right thing...
It’s a state of emergency. Each region, could have different dynamics. What I’m driving at here, is rather than all areas being under EAs, and a provincial EA. If the town of “Huntsville” is under 8 feet of water. I’d like to think the town of Huntville has some authority and autonomy . Mel Lastman called in the army back in the day, so I think they have some autonomy. And each province has some autonomy even though the Feds...Quebec closed their border.
https://www.ontario.ca/laws/statute/90e09
50/50
Which explains why Ford is afraid to piss off too many. He...He stands to lose as much support as he might gain. And we all know. The towns or areas or people in question. Too Fn bad. It’s about me getting re-elected..
Last edited by JBen; May 7th, 2020 at 03:23 PM.
-
May 8th, 2020, 06:29 AM
#25
-
May 8th, 2020, 07:07 AM
#26
How long till they hand out one of the tickets to a high profile lawyer at their cottage. Then they work pro-bono in a class action suit and have those tickets withdrawn. Clayton Ruby is a neighbor of mine up north, and I know he would be all over that. His wife Harriet would agree with him, (usually), and she is a Justice, in the Ontario Supreme Court of Justice. Clayton loves a good fight.
Last edited by fishermccann; May 8th, 2020 at 08:00 AM.
Reply With Quote
