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COVID-19 laws set 'dangerous precedent,' says one Yukoner behind charter challenge

Ross Mercer says the government needs to show hard evidence that the harm is necessary, given that it's been almost two months since there was a confirmed active case of COVID-19 in the territory.

Ross Mercer says he wants hard evidence freedoms had to be suspended to protect Yukoners' health

Ross Mercer says people challenging COVID-19 restrictions are not advocating to put Yukoners at risk. (Dave Croft/CBC Yukon)

One of the Yukoners who has signed onto a charter challenge to the territory's COVID-19 restrictions says the territory is setting a dangerous precedent.

Seven people have joined the lawsuit saying the government's emergency measures are beyond its legislative powers and violate Canadians' rights to mobility and assembly under the Charter of Rights of Freedoms.

Whitehorse area resident Ross Mercer said Thursday the lawsuit isn't about money for him.

He said the government's decision June 12 to extend Yukon's state of emergency for another 90 days without consultation was wrong.

"I think it sets a very dangerous precedent when the government can unilaterally decide for themselves that it's an emergency situation," said Mercer.

"Put this act into place and then extend it at their convenience and at their leisure without it being constantly scrutinized, without it being constantly re-evaluated at the legislative level and in the public's eye as well."

A person in a bright yellow safety jacket stands beside a transport truck at a highway checkstop.
Non-residents travelling through Yukon have 24 hours to pass through the territory. Some others have been turned back at the Watson Lake checkstop. (Submitted by Government of Yukon)

In Mercer's view, the restrictions are harming people's personal lives, ruining businesses and creating a culture of fear.

He said the government needs to show hard evidence that the harm is necessary given that it's been almost two months since there was a confirmed active case of COVID-19 in Yukon.

"The actual risk to the average person going out is very, very, very low and I think a lot of people are living in more fear than they need to be. And I think that that's something that needs to be addressed," Mercer said.

The Watson Lake Super A grocery store was among the first businesses in the territory to limit the number of customers at any given time. (Chris Irvin)

He said the people challenging the government are not advocating putting Yukoners at higher risk or for sacrifices to be made for industry.

"We're saying let's actually look at what's best for society overall," said Mercer.

Territorial officials have said the measures are the least restrictive possible given the threat to Yukoners' health, and that they're constitutional.