COVID-19
Last living signatory of the Canadian Charter of Rights and Freedoms appealing decision on travel vaccine mandate
From the Justice Centre for Constitutional Freedoms
Ruled “moot,” the travel vaccine mandate challenge is back before the court
The Justice Centre for Constitutional Freedoms supports former Newfoundland Premier, the Honourable Brian Peckford, People’s Party leader, the Honourable Maxime Bernier, and others in their appeal of the decision that their challenge to the federal government’s travel vaccine mandate was not worth hearing because the mandate was lifted. The case goes before the Federal Court of Appeal in Ottawa on Wednesday, October 11.
The travel vaccine mandate was brought into force in November 2021. The mandate prevented 5.2 million Canadians who chose not to be vaccinated for Covid-19 from traveling by air. Affidavits filed in the case attest that, in a country as large as Canada, prohibitions on domestic and international air travel can have significant negative impacts on Canadians. The basis for the challenge is the right to mobility guaranteed in The Canadian Charter of Rights and Freedoms.
The case was filed in February 2022, and a hearing was scheduled for later that year in October 2022. In preparation for that hearing, the parties filed over 14,000 pages of evidence. The legal challenge had attracted media attention because former Premier Peckford is the last living signatory to The Canadian Charter of Rights and Freedoms, which came into force in 1982 as part of the repatriation of the Canadian Constitution. Adding interest, Maxime Bernier is the leader of the federal People’s Party of Canada.
Between the filing of the case in February 2022 and the hearing set for October 2022, the mandate was lifted. In June 2022, the then-Minister of Transport Omar Alghabra suspended the mandate, and threatened to bring it back if public health officials believed the circumstances warranted it.
Eleven days before the scheduled October hearing, the Federal Court dismissed the case, declaring it “moot,” or irrelevant, because the mandates were no longer in force. A declaration of “mootness” means that the court believes that continuing with the hearing would not be a good use of the justice system’s resources.
However, the appellants believe that the public interest in the case far outweighs the concern and need for judicial economy. In November 2022, they filed their Notice of Appeal, and their written arguments were filed in April 2023.
John Carpay, President of the Justice Centre, emphasizing the importance and uniqueness of the issue, stated, “There has never been a more egregious infringement of Canadians’ mobility rights than what occurred due to the unconstitutional and unlawful travel vaccine mandates. For the Federal Court to find that it is not in the public interest to determine whether the Federal Government acted lawfully in prohibiting 5 million Canadians from flying across the country and internationally to see family members is a grave injustice that the Federal Court of Appeal ought to remedy.”
COVID-19
Court compels RCMP and TD Bank to hand over records related to freezing of peaceful protestor’s bank accounts
The Justice Centre for Constitutional Freedoms announces that a judge of the Ontario Court of Justice has ordered the RCMP and TD Bank to produce records relating to the freezing of Mr. Evan Blackman’s bank accounts during the 2022 Freedom Convoy protest.
Mr. Blackman was arrested in downtown Ottawa on February 18, 2022, during the federal government’s unprecedented use of the Emergencies Act. He was charged with mischief and obstruction, but he was acquitted of these charges at trial in October 2023.
However, the Crown appealed Mr. Blackman’s acquittal in 2024, and a new trial is scheduled to begin on August 14, 2025.
Mr. Blackman is seeking the records concerning the freezing of his bank accounts to support an application under the Charter at his upcoming retrial.
His lawyers plan to argue that the freezing of his bank accounts was a serious violation of his rights, and are asking the court to stay the case accordingly.
“The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government,” says constitutional lawyer Chris Fleury.
“These records will hopefully reveal exactly how and why Mr. Blackman’s accounts were frozen,” he says.
Mr. Blackman agreed, saying, “I’m delighted that we will finally get records that may reveal why my bank accounts were frozen.”
This ruling marks a significant step in what is believed to be the first criminal case in Canada involving a proposed Charter application based on the freezing of personal bank accounts under the Emergencies Act.
Chris Carbert (right) and Anthony Olienick, two of the Coutts Four were jailed for over two years for mischief and unlawful possession of a firearm for a dangerous purpose.
From LifeSiteNews
The “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy
COVID protestor Chris Carbert has been granted bail pending his appeal after spending over two years in prison.
On June 30, Alberta Court of Appeal Justice Jo-Anne Strekaf ordered the release of Chris Carbert pending his appeal of charges of mischief and weapons offenses stemming from the Coutts border blockade, which protested COVID mandates in 2022.
“[Carbert] has demonstrated that there is no substantial likelihood that he will commit a criminal offence or interfere with the administration of justice if released from detention pending the hearing of his appeals,” Strekaf ruled.
“If the applicant and the Crown are able to agree upon a release plan and draft order to propose to the court, that is to be submitted by July 14,” she continued.
Carbert’s appeal is expected to be heard in September. So far, Carbert has spent over two years in prison, when he was charged with conspiracy to commit murder during the protest in Coutts, which ran parallel to but was not officially affiliated with the Freedom Convoy taking place in Ottawa.
Later, he was acquitted of the conspiracy to commit murder charge but still found guilty of the lesser charges of unlawful possession of a firearm for a dangerous purpose and mischief over $5,000.
In September 2024, Chris Carbert was sentenced to six and a half years for his role in the protest. However, he is not expected to serve his full sentence, as he was issued four years of credit for time already served. Carbert is also prohibited from owning firearms for life and required to provide a DNA sample.
Carbert was arrested alongside Anthony Olienick, Christopher Lysak and Jerry Morin, with the latter two pleading guilty to lesser charges to avoid trial. At the time, the “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy occurring thousands of kilometers away in Ottawa.
Under the Emergency Act (EA), the Liberal government froze the bank accounts of Canadians who donated to the Freedom Convoy. Trudeau revoked the EA on February 23 after the protesters had been cleared out. At the time, seven of Canada’s 10 provinces opposed Trudeau’s use of the EA.
Since then, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the Emergencies Act, a decision that the federal government is appealing.
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Court compels RCMP and TD Bank to hand over records related to freezing of peaceful protestor’s bank accounts
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