A constitutional challenge against the Reopening Ontario Act (ROA), which was raised by Adam Skelly, owner of Adamson Barbecue, has been dismissed by a Superior Court judge.
Posted Jun 30, 2021, 05:20AM EDT
A constitutional challenge against the Reopening Ontario Act (ROA), which was raised by Adam Skelly, owner of Adamson Barbecue, has been dismissed by a Superior Court judge.
Adamson Barbecue and Skelly made headlines last November when he failed to obey lockdown measures and kept his restaurant open.
On Nov. 26, 2020, Skelly was arrested and hit with several charges including mischief and obstructing police after he opted to defy COVID-19 health protocols by hosting patron for in-person dining, subsequently breaking health regulations imposed by the city and the province.
He was also slapped with an $187,000 bill from the City of Toronto, which included policing costs and having to change the locks.
In February of this year, Skelly launched a constitutional challenge against the province in an attempt to “question the constitutional validity and applicability” of the ROA under which he was facing charges.
The Reopening Ontario Act includes all the emergency orders enacted during the COVID-19 pandemic by the province, including restrictions on gatherings, retail stores and restaurants.
In the Notice of Constitutional Question, it says, “The restrictions put in place by governments to impose draconian measures on its citizens without a scientific or medical rationale constitutes an abuse of human rights and a crime against humanity.”
The notice also questions whether COVID-19 actually constitutes a danger that could result in serious harm to people.
As of June 29 of this year, 9,154 Ontarians have died as a result of the virus since the pandemic started in March 2020. More than 3.9 million people have died worldwide.
A hearing was scheduled for Monday and Tuesday, but Justice Jasmine Akbarali declined to “take jurisdiction” and dismissed the motion.
The Ministry of the Attorney General said the judge accepted the province’s argument that the motion could not proceed with written reasons expected to follow. A spokesperson said the ministry would not be commenting further as the matter is before the court.
A post on the Adamson Barbecue’s Facebook page said he intends to appeal the decision and is “are prepared to take this all the way to the Supreme Court.”
Skelly raised over $337,000 for his legal defence through crowdfunding after his initial arrest.
