Yukon court dismisses challenge of law used to enact COVID-19 rules

A Yukon judge has dismissed a legal challenge of the territory's Civil Emergency Measures Act (CEMA), the legislation used to create and enforce public health rules and restrictions during the COVID-19 pandemic.

A Yukon judge has dismissed a legal challenge of the territory's Civil Emergency Measures Act (CEMA), the legislation used to create and enforce public health rules and restrictions during the COVID-19 pandemic.

Seven plaintiffs sued the territorial government in 2020, arguing that CEMA was unconstitutional and gave politicians too much power without sufficient oversight. They wanted the legislation struck down.

The plaintiffs, who include trucker Ross Mercer and drilling business-owner Trent Jamieson, alleged their livelihoods were negatively affected by the Yukon's COVID-19 measures, which included restricting travel and limiting gathering sizes, with no means of appeal or recourse.

In a written decision this month, Supreme Court Chief Justice Suzanne Duncan threw out the legal challenge, saying the plaintiffs were asking the court to "intervene inappropriately into the democratically elected legislature's choices about how to govern the Yukon in the context of an emergency."