Constitutional challenge filed against Ontario’s youth sports ban

Parents like Ontario resident Jason Fielden are concerned for their children's well being. Father to a 10 year-old girl, Jason says he has noticed worrisome changes in his daughter, who was deeply active in organized sports.

"We've seen the dramatic effects of the public health measures on our kids first hand," said Fielden to The Post Millennial.

"A lot of young people have lost their identity derived through their favourite sports and activities, along with a general lack of socialization. When everything started last March we felt things would become clearer over time despite the initial aggressive measures," he continued.

"But as information has become apparent that would favour more activity for children, we haven't seen any acknowledgement of this," said Fielden, who also reached out to MPP's but was met with "political talking points."

Like so many families in Ontario, Fielden expressed how important sports is for his. "Outside of education it's the most important tool for developing positive character qualities in our kids along with the obvious physical benefits."

As a football coach, Fielden has also seen other families become concerned over the lockdown measures. "There's widespread concern amongst parents over the neglectful approach towards children and their wellbeing."

Lawyer Ryan O'Connor filed the challenge in Ontario Superior Court almost one month ago. He is confident in the case and has been previously involved in such cases related to personal freedoms.

O'Connor has filed the constitutional challenge alleging portions of the Reopening Ontario Act violate sections 2(b), 7 and 15 of the Charter of Rights and Freedoms.

"In our view, the team sports ban unjustifiably violates several sections of the Charter. Firstly, it violates freedom of association–everyone is free to gather in groups for a common cause, such as playing sports," said O'Connor to The Post Millennial.

"Secondly, it violates the right to security of the person–many need sports to preserve their mental and physical health. Finally, it unlawfully discriminates against those who play in youth, women’s, and disabled sports–while allowing able-bodied men’s professional leagues to continue playing as normal."

The lockdown measures in Ontario are contingent on region and thus the restrictions on sports vary. Team sports are completely banned in areas under lockdown. In Red Zones, sports players can train but not play. In other zones, non-contact sports can be played.

O'Connor expressed concerns around the fact that professional athletes are seemingly not held to the same standard as ordinary citizens. "However, seven men's professional leagues have exemptions and can operate normally. Most prominent is the NHL–the Toronto Maple Leafs and the Ottawa Senators can play and practice normally and host games at their home arenas," said O'Connor.

"Our clients want their kids–and all Ontarians–to have the right to play sports safely, and for their constitutional rights to be protected. If public health officials believe that professional sports can be played safely, so too can other sports leagues," concluded O'Connor.

Jason Fielden has launched a GoFundMe campaign to help pay for associated legal costs. He has raised over $12,000 thus far.