Ontario gym launches constitutional challenge on lockdown orders

This is the first known legal challenge to deal with the new COVID-19 lockdown rules.

"This case is the first Charter challenge to Ontario’s gym closures and the stay-at-home order. My clients believe that these closures and the order unjustifiably violate several sections of the Charter, including freedom of association, the right to life, liberty, and security of the person, and equality rights," said Lawyer Ryan O'Connor in an email to The Post Millennial.

Sascha's legal counsel also points to the apparent double standard of barring ordinary Ontarians from fitness centres while NHL players are perfectly permitted to work out in these facilities. "There is no evidence to suggest that Ontario gyms cause COVID spread. If they did, then all gyms would be closed. Instead, the NHL can operate gyms for pro hockey players, and gyms which service Olympians can be open. But every other gym in Ontario must close. This is unfair, discriminatory, and unconstitutional," said O'Connor

O'Connor continued stating, "our clients believe that the gym ban and the stay-at-home order are unjustified breaches of the Charter of Rights and Freedoms and that the gym ban is also inconsistent with the Ontario Human Rights Code." He also notes, "No COVID cases were ever associated with the facility."

The gym owner has joined a number of fellow trainers in pointing out the negative health effects of closing down these facilities. O'Connor told The Post Millennial that "gyms and fitness classes are necessary in order to preserve mental and physical health, especially during winter and especially when persons are isolated because of closures and gathering restrictions." Excluding the constitutional infringement, this is another argument that such facilities should remain open.

O'Connor stated that "NorthXFitness prides itself on catering to all Ontarians, including those experiencing disabilities and mental health challenges. Clients with adaptive needs or mobility issues who need special equipment cannot get exercise at home and need to do so at the gym – but cannot do so now because this is banned."

The gym has launched a GoFundMe page to help pay for legal fees.