An Ontario Superior Court judge has dismissed a constitutional challenge from Adam Skelly, the owner of Adamson Barbecue, who argued that provincial COVID-19 lockdown orders amounted to an unlawful seizure of his business. Justice Markus Koehnen ruled that the temporary public health restrictions, which required the Etobicoke restaurant to close for indoor dining in late 2020, did not constitute a 'seizure' under Section 8 of the Canadian Charter of Rights and Freedoms.
The court found that the government's orders were a valid exercise of its power to protect public health during a pandemic and were not intended to take possession of the property for the state's use. The judge emphasized that the measures were temporary and applied broadly across the sector, not specifically to Skelly's business.
Skelly had repeatedly defied lockdown orders in November 2020, opening his restaurant to indoor dining and resulting in multiple charges and his arrest. This Charter challenge was a separate legal action seeking a declaration that his rights were violated.
The ruling reinforces the legal precedent that broadly applied public health mandates during emergencies are distinct from targeted property seizures. Skelly faced separate provincial offences charges for violating the Reopening Ontario Act, to which he was later convicted.
