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Agnew went on to examine every portion of both the regulations and the PHO that he viewed as relevant to the defendants, finding none that met the Supreme Court’s threshold for a law to be too vague to enforce. Hendrickson wrote that the defendants had relied on “unwritten constitutional principles and the principles associated with the rule of law” in their arguments claiming the PHOs violated the constitution. He noted Supreme Court of Canada precedent maintains that “unwritten principles of democracy cannot be used as a device for invalidating otherwise valid provincial legislation.”
Agnew further rejected arguments Friesen made concerning police behaviour in relation to his fine from the Dec. 5, 2020 rally. Friesen had taken issue with being fined while others weren’t. Agnew wrote that no evidence was put before him to prove how many individuals were charged.
Excellent!