BOOK OF AUTHORITIES TO THE REPLY OF THE APPLICANTS HEIGHTS BAPTIST CHURCH, NORTHSIDE BAPTIST CHURCH, ERIN

The applicants contend that the identified and specific sections of the impugned PHOs and the restrictions on public gatherings, gatherings in private residences and the temporary closure of places of worship, all infringe ss. [...] THE DEFENCE OF THE PHOS [8] The respondents (Manitoba) concede that the restrictions on gathering had the effect of limiting the freedoms of religion, expression and peaceful assembly under s. [...] The situation in the spring of 2020 was markedly different from the summer of 2020, or from the fall of 2020 when the impugned PHOs were made, and from the circumstances existing today. [...] Despite the absence of any direct challenge to the qualifications and expertise of the party’s respective expert witnesses, given the issues and the governing legal tests, the cogency, persuasiveness and the weight to be given much of that expert evidence was nonetheless called into question by both parties, directly and indirectly, in cross-examination and in oral and written argument. [...] [49] As part of the presentation below setting out the submissions of the parties respecting the evidence on this application (both in affidavit and in cross-examination), I will where necessary and relevant (specifically in reference to the cross-examinations), provide my own assessment and evaluation of the evidence.