Saddened that I have to say this: The Charter still prevails in Nova Scotia as the ultimate law and any provincial law or rule or order that is inconsistent with the Charter is of no force and effect.
The Health Protection Act order is deficient in a number of ways and can easily be remedied to enforce social distancing in a rational way to flatten the curve.
Accusing Nova Scotians of "looking for loopholes" is actually insulting when the order is very unclear, and they want to know what's legally permitted and what is legally not permitted.
If there are rules, the rules need to be constitutional, rational, clear and known. Absurd rules, unclear rules and unknown rules will just lead to abuse. History tells us much of that abuse will be discriminatory.
Other than at the Nova Scotia border, there is nothing in the current Health Protection Act or Emergency Orders that authorizes pulling over vehicles without the police having reasonable grounds to believe a violation of the law.
If you are pulled over driving a car, you have an obligation to provide your license, your vehicle registration and your proof of insurance. You have no obligation to provide any other information. You can say "I don't talk to the police."
If you are a passenger in the car that has been pulled over arbitrarily, you have NO obligation to answer any questions of the officer or to provide ID or proof of where you live. You can say "I don't talk to the police."
If you stopped by the police in a public place, you have NO obligation to answer any questions of the officer or to provide ID or proof of where you live. You can say "I don't talk to the police."
If they actually have reasonable grounds to ticket you for something legit, they can require ID for the ticket or they can arrest you until your identity has been proven. (Otherwise, all tickets would be made out to Jane or John Doe.)
But they can't ask for ID to determine whether you're out of your neighborhood, or just to check if everyone is from the same household.
