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Federal appeals court rejects challenge against Canada’s COVID vaccine travel mandate as ‘moot’


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From LifeSiteNews

By Anthony Murdoch

People’s Party of Canada leader Maxime Bernier, former Newfoundland and Labrador premier Brian Peckford, and eight others contended citizens’ mobility charter rights were violated, but the case was dismissed because the restrictions are no longer in place.

The Canadian Federal Court of Appeal dismissed as “moot” a legal challenge initiated against the federal government of Prime Minister Justin Trudeau over its COVID jab travel mandates that banned the vaccine free from travel.

The legal challenge was initiated by People’s Party of Canada leader Maxime Bernier, former Premier of Newfoundland and Labrador Brian Peckford, and eight others who said Trudeau’s mandates violated one’s mobility charter rights.

In a judgment issued November 9, Justice George R. Locke of the appeals court, on behalf of two other judges, ruled that the case was “moot for lack of live controversy” as the COVID travel jab mandates are no longer in effect.

“For the foregoing reasons, I would dismiss all of the present appeals,” the judge wrote.

Bernier and Peckford’s lawyers had argued that their case had merit, despite the travel COVID jab mandates being gone, as they could be reintroduced at a moment’s notice.

The appeals court did note that while COVID travel vaccine mandates may be reintroduced in the future, this was “highly speculative.”

Bernier, who was a strong supporter of the Freedom Convoy and did not get the COVID shots, said he was “very disappointed” in the court ruling but vowed to continue the fight against the “unjust” mandates.

“I am very disappointed but not at all surprised by this decision considering the types of slanted questions and comments that the judges made during our hearing a month ago,” Bernier wrote November 9 on X (formerly Twitter).

“I will speak to my colleague Brian Peckford and the other appellants to determine our next step. I will continue to do everything I can to fight these unjust travel mandates and make sure they are never implemented again.”

The legal challenge made headlines as Peckford is the last living signatory to the Canadian Charter of Rights and Freedoms, which came into force in 1982.

In November 2021, the Trudeau government introduced COVID jab travel mandates, which remained in place until June 2022.

In October 2022, the Canadian federal court ruled Bernier and Peckford’s and the others court case as “Moot” in light of the federal government dropping COVID mandates in the same month.

Later, in April 2023, Bernier and Peckford, with the help of the JCCF, along with the others in the case filed an appeal in the “mootness” ruling.

JCCF said case was important as COVID travel jab mandates were a ‘Egregious infringement of Canadians’ mobility rights’

Last month, the Federal Court of Appeal in Ottawa heard Bernier and Peckford’s and the others’ court case. JCCF president John Carpay noted at the time that the case was important as well as unique.

“There has never been a more egregious infringement of Canadians’ mobility rights than what occurred due to the unconstitutional and unlawful travel vaccine mandates,” Carpay observed.

“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.”

In September 2022, Bernier thanked all Canadian “freedom fighters” who protested against COVID mandates of all kinds after a federal travel jab mandate for air travel was dropped.

Bernier, who is a former MP and cabinet minister with the Conservative Party of Canada (CPC) before creating the PPC in 2018, was one of the most outspoken politicians against the COVID mandates. He would frequently criticize his former party for not speaking out against the mandates.

Eventually, the CPC under its new leader Pierre Poilievre, but after the mandates had been lifted, began to speak out against Trudeau’s mandates.

A recent bill championed by Conservative Party of Canada (CPC) leader Pierre Poilievre that would have given Canadians back their “bodily autonomy” by banning future jab mandates was voted down yesterday Trudeau’s Liberals and all other parties rejected it.

In October 2021, Trudeau announced unprecedented COVID-19 jab mandates for all federal workers and those in the transportation sector and said the unjabbed would no longer be able to travel by air, boat, or train both domestically and internationally.

This policy resulted in thousands losing their jobs or being placed on leave for non-compliance. It also trapped “unvaccinated” Canadians in the country.

During the so-called COVID pandemic, Trudeau referred to those who chose not to get the experimental COVID shots as terrible people.

In 2021, Trudeau said Canadians “vehemently opposed to vaccination” do “not believe in science,” are “often misogynists, often racists,” and even questioned whether Canada should continue to “tolerate these people.”

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Ontario gov’t drops over 100 fines from COVID era for compliance violations

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From LifeSiteNews

By Anthony Murdoch

Charges were withdrawn for violations of the Quarantine Act ‘due to a lack of reasonable prospect of conviction, delay, non-appearance of the government’s witness at trial, or a decision taken by the Crown not to proceed.’

Canadian legal advocacy group The Democracy Fund (TDF) says that because of generous donor support it secured the staying or withdrawal of 109 COVID-era tickets given to multiple people in Ontario.

The TDF said in a press update sent to LifeSiteNews that most often the charges were withdrawn or stayed “due to a lack of reasonable prospect of conviction, delay, non-appearance of the government’s witness at trial, or a decision taken by the Crown not to proceed.”

“It’s gratifying to see our hard work pay off, and a relief to our clients who have endured years of legal uncertainty,” TDF paralegal Jenna Little said.

“But the government is still doggedly pursuing many clients for charges that should not have been brought in the first place and consume scarce judicial resources.”

The TDF observed that its clients were charged under the Quarantine Act s.15 (failure to provide information to screening officer), s.58 (failure to complete ArriveCan, failure to arrange for quarantine), or s.66 (obstruct an officer).

It noted that the fine for each charge was around $5,000, with “with potential total fines for conviction on all charges reaching $681,250.”

“Though many of these cases have been successfully resolved, many remain,” the TDF said.

Some of the charges were issued under the Emergency Management and Civil Protection Act, such as s.7.0.11 (obstruct an officer), which can carry a one-year jail sentence and a $10,000 fine.

The TDF stated that in “rare cases” some clients were also charged under “s.10 of the Reopening Act (gather or fail to close premises).”

The TDF noted that despite the recent court wins, there are still “hundreds” of clients who are facing “potential fines and jail time for peacefully protesting or objecting to government overreach during COVID lockdowns.”

The TDF said that during COVID the government used the opportunity to enact “rights-infringing, overbroad laws.”

“Legislators and bureaucrats zealously enforced these laws against Canadians in an effort to secure compliance and suppress peaceful protest. Fortunately, The Democracy Fund (TDF) and its team of lawyers and paralegals, with the support of generous donors, fought back,” it said.

The TDF, founded in 2021, bills itself as a Canadian charity “dedicated to constitutional rights, advancing education and relieving poverty,” by promoting constitutional rights “through litigation and public education.”

In early July, LifeSiteNews reported that TDF lawyers helped get criminal charges against a Canadian man who participated in the pro-family 1 Million March 4 Children protest over radical LGBT ideology being taught in public schools dropped by the Crown.

Over the last couple of years, the TDF has been active in helping Canadians persecuted under COVID mandates and rules fight back. Notable people it has helped include Dr. Kulvinder Kaur Gill, an Ontario pediatrician who has been embroiled in a legal battle with the College of Physicians and Surgeons of Ontario (CPSO) for her anti-COVID views. She has also had the help of Elon Musk.

COVID vaccine mandates, which came from provincial governments with the support of the federal government, split Canadian society. The mRNA shots have been linked to a multitude of negative and often severe side effects in children.

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Court decision allows Trudeau gov’t to avoid accountability on COVID travel app, top legal group says

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From LifeSiteNews

By Anthony Murdoch

Four Canadians who refused to comply with the government’s border surveillance program had charges against them withdrawn, but no determination was made on the constitutionality of forcing the unvaccinated to quarantine.

A constitutional legal group says a recent court decision to withdraw charges leveled against four men who refused to go along with a COVID border surveillance program means the federal government “escaped accountability” for rules that targeted jab-free Canadians.

“This outcome is bittersweet for each of our clients,” said Chris Fleury, an attorney for the Justice Centre for Constitutional Freedoms (JCCF), in a recent press release sent to LifeSiteNews.

“It is positive for each of them personally. On the other hand, they were deeply interested in seeking a determination of the constitutionality of the irrational and unscientific decision forcing unvaccinated Canadians to quarantine.”

Fleury noted that the court ruling means the federal government of Prime Minister Justin Trudeau has “again escaped accountability for Covid policy decisions that breached Canadians’ Charter rights.”

The JCCF said the City of Mississauga withdrew “five charges against four Canadians who refused to comply with ArriveCAN requirements at the Toronto Pearson International Airport.”

The federal government’s $59.5 million scandal-ridden ArriveCAN travel app was introduced in April 2020 and mandated in November 2020. The app was used to track the COVID jab status of those entering the country and to enforce quarantines when deemed necessary.

When the app was mandated, all travelers entering Canada had to use it to submit their travel and contact information as well as any COVID vaccination details before crossing the border or boarding a flight.

In February, LifeSiteNews reported that Conservative Party MPs accused the Canada Border Services Agency (CBSA) of lying to Parliament over sweetheart contracting approvals concerning ArriveCAN.

Man revealed COVID jab status after breaking down under ‘pressure,’ then hit will $5,000 fine

“After arriving in Toronto from the Netherlands, Mr. Sly-Hooten felt that his personal medical information should remain private and chose not to disclose his vaccination status via ArriveCAN. In response, Peel Regional Police and Public Health Agency of Canada personnel detained him,” the JCCF said.

The JCCF added that “under pressure” and without any “counsel,” Sly-Hooten “broke down and revealed his vaccination status.”

“He received a $5,000 ticket for violating the Quarantine Act and was ordered to quarantine in his home for 14 days,” the JCCF explained.

The JCCF noted that it was able to help Sly-Hooten launch a constitutional challenge “against ArriveCAN, citing his right to liberty, his right to be protected from unreasonable search and seizure, his right to be free from arbitrary arrest and detention, and his right to counsel after arrest and detention – all protected by the Canadian Charter of Rights and Freedoms.”

Other withdrawn tickets include those issued to Mark Spence, Aaron Grubb, and Evan Kraayenbrink.

The JCCF noted that, like Sly-Hooten, “each were charged for choosing not to provide information via ArriveCAN and were ordered to quarantine for 14 days.”

“Prosecutors have withdrawn the charges because they believe it is not in the public interest to expend further resources on a trial,” the JCCF said. “This outcome follows a similar pattern of ArriveCAN-related charges being dropped before their trials in what appears to be an attempt to shield the controversial program from constitutional scrutiny. In other words, charges are being dropped before the merits of constitutional challenges to ArriveCAN can be heard by the courts.”

Canadians were told ArriveCAN was supposed to have cost $80,000, but the number quickly ballooned to $54 million, with the latest number showing it cost $59.5 million.

The app itself was riddled with tech glitches along with privacy concerns from users.

Canadian Auditor General Karen Hogan announced an investigation of ArriveCAN in November 2022 after the House of Commons voted 173-149 for a full audit of the controversial app.

The House of Commons Standing Committee on Government Operations and Estimates (OGGO) is investigating how various companies such as Dalian, Coaradix, and GC Strategies received millions in taxpayer dollars to develop the contentious quarantine-tracking program.

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