Witness Testimony

Brian Giesbrecht testified that as a former Provincial Court Judge in Manitoba for 31 years, including 15 years as Associate Chief Judge, he was disappointed by what he described as excessive judicial deference to public health authorities during the COVID response. He argued that Canadian courts largely accepted government assertions at face value rather than rigorously testing the necessity and proportionality of lockdowns, vaccine mandates, and gathering restrictions. He contrasted this with what he described as more active judicial scrutiny in the United States, particularly regarding airline mask mandates and vaccine requirements.
He referenced Manitoba church-related cases and other lockdown challenges, stating that citizens reasonably expected courts to serve as a constitutional check on legislative and administrative overreach. He criticized what he viewed as insufficient judicial willingness to question public health directives, including in the Ontario Court of Appeal decision (JN v. CG), where he believed appellate judges improperly deferred to provincial authorities over a lower court ruling that had more carefully examined the evidence.
Giesbrecht further testified that courts function not only as adjudicators but as a societal “pressure valve,” providing citizens with recourse against government excess. He warned that when courts fail to meaningfully scrutinize executive power, legislators may impose broader restrictions without fear of constitutional challenge. He concluded that judges should engage in self-reflection regarding their role during the pandemic and emphasized that civil liberties must remain protected even during public health emergencies.