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Peckford, Bernier take travel restrictions to Supreme Court of Canada

Published

1 year ago

9 minute read

News release from the Justice Centre for Constitutional Freedoms

The Justice Centre announces that the Honourable Brian Peckford, the Honourable Maxime Bernier, and other applicants seek to appeal their vaccine mandate challenge to the Supreme Court of Canada. These Applicants argue that vaccine mandates are an issue of national importance and that Canadians deserve to receive court rulings regarding any emergency orders that violate the Canadian Charter of Rights and Freedoms.

In November 2021, the Government of Canada required all travelers of federally regulated transportation services (e.g., air, rail, and marine) to provide proof of Covid vaccination. These restrictions on the Charter freedom of mobility prevented approximately 5.2 million unvaccinated Canadians from traveling by air and rail.

In response to these restrictions, the Honourable Brian Peckford (last living signatory of the Charter and former Premier of Newfoundland), the Honourable Maxime Bernier (leader of the People’s Party of Canada), and other Canadians took the federal government to court in February 2022, arguing that the Charter freedoms of religion and conscience, assembly, democratic rights, mobility, security, privacy, and equality of Canadians were infringed by these restrictions. In addition, affidavits filed in this court action (e.g., the affidavit of Robert Belobaba at paragraph 19) attest that, in a country as large as Canada, prohibitions on domestic and international air travel have significant, negative impacts on Canadians.

In an affidavit (at paragraph 29), Jennifer Little, Director General of Covid Recovery at Transport Canada, provided her Covid Recovery Team’s October 2, 2021 presentation, entitled Implementing a Vaccine Mandate for the Transportation Sector. The presentation outlined options and considerations for the purposes of seeking the Minister of Transport’s approval of the travel vaccination mandate. Her presentation outlined (at pages 12 and 13) that the Canadian travel restrictions in question were “unique in the world in terms of strict vaccine mandate for domestic travel” and were coupled with “one of the strongest vaccination mandates for travelers in the world.” She admitted during cross examination (at paragraphs 162-163, PDF page 61) that she had never seen a recommendation from Health Canada or the Public Health Agency of Canada to the Ministry of Transport to implement a mandatory vaccination policy for travel.

At the same time, Dr. Lisa Waddell, a senior epidemiologist and the knowledge synthesis team lead at the Public Health Agency of Canada, admitted during a cross examination (at paragraphs 300-305, PDF pages 91-93) that there was no recommendation from the Public Health Agency of Canada to impose vaccination requirements on travelers.

In June 2022, the Government of Canada announced that it would suspend the travel vaccine restrictions, but that it would not hesitate to reinstate the mandates if the government considered it necessary.

As a result, the federal government (the Crown) moved to have Premier Peckford’s constitutional challenge struck for mootness (irrelevance). The Crown argued that the travel restrictions were no longer a live issue because they had been lifted and should not, therefore, take up further court resources. The Crown brought this motion after each side had produced expert evidence, called on experts to testify under oath, cross-examined the other side’s experts and witnesses daily for six weeks, conducted significant legal research, and prepared substantive written arguments. Lawyers for both sides spent hundreds of hours placing all the evidence and legal arguments before the Federal Court for its consideration. The only remaining step in the trial process was the presentation of oral argument, scheduled for October 31, 2022. The Federal Court was fully and properly equipped to render a thoughtful decision as to whether the travel restrictions had been a justified violation of Charterfreedoms.

Even though the federal government can impose these same travel restrictions on Canadians again, without notice, the Federal Court granted the Crown’s motion on November 9, 2023, and dismissed this Charter challenge as moot. The Federal Court of Appeal affirmed this lower court ruling on November 9, 2023. Effectively, the courts determined that a constitutional challenge to the use of unprecedented emergency powers was neither sufficiently interesting to the Canadian public nor an appropriate use of court resources.

Premier Peckford, Maxime Bernier, and other Canadians now seek to have the Supreme Court of Canada hear their case. This involves a two-step process, whereby the applicants first ask whether the Court is willing to hear the appeal. If so, the appeal will then be scheduled for a hearing several months later. The applicants in this case argue that the issues raised in their case are of national importance and that Canadians deserve access to court rulings about policies that violate the Charter freedoms of millions of Canadians.

(See the January 8, 2024 Leave Application of Premier Peckford here. See the January 8, 2024 Leave Application of Maxime Bernier here.)

Further, Premier Peckford and the other applicants warn that all challenges to emergency orders risk being deemed irrelevant due to the simple fact that emergency orders are normally implemented only for short periods of time. In most cases, emergency orders will be rescinded by the time a constitutional challenge makes its way through the court process and all the relevant evidence, along with legal arguments, has been put before the judge. For this reason, the Applicants argue that the courts should provide guidance on how emergency orders should be handled in the context of the mootness doctrine.

“If courts are going to affirm and uphold emergency orders that violate our Charter rights and freedoms whenever the emergency order is no longer in force, how can the Charter protect Canadians from government abuses?” asks John Carpay, President of the Justice Centre.

Emergency orders are not debated in, or approved by, federal Parliament or provincial legislatures. Rather, they are discussed confidentially in Cabinet such that ordinary Canadians are prevented from understanding the reasons for, or the legality of, emergency orders, such as mandatory vaccination policies that discriminated against Canadians who chose not to get injected. Therefore, it is only through court rulings that Canadians can learn whether a mandate or emergency order is constitutional.

“The Supreme Court of Canada has an opportunity to create an important precedent for how Canadian courts deal with all so-called ‘moot’ cases involving questions about the constitutionality of emergency orders,” stated lawyer Allison Pejovic, who represents Premier Peckford and Maxime Bernier.

“The public interest in this case is staggering. Canadians need to know whether it is lawful for the federal government to prevent them from travelling across Canada, or from leaving and re-entering their own country, based upon whether they have taken a novel medication,” continued Ms. Pejovic.

“The Court’s dismissal of constitutional challenges to Covid orders for ‘mootness’ has deprived thousands of Canadians from knowing whether their governments’ emergency orders were lawful or not. It is time for the Supreme Court of Canada to expand the legal test for mootness to account for governments’ use of emergency orders, which are devoid of transparency and accountability. Canadians have a right to know whether unprecedented mandatory vaccination policies, which turned millions of Canadians into second-class citizens, were valid under our Constitution,” concluded Ms. Pejovic.

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International

Pentagon agency to simulate lockdowns, mass vaccinations, public compliance messaging

Published on June 12, 2025

By

From LifeSiteNews

By Tim Hinchliffe

With lockdowns, mass vaccination campaigns, and social distancing still on the table from the last around, it appears that AI and Machine Learning will play a much bigger role in the next.

DARPA is getting into the business of simulating disease outbreaks, including modeling interventions such as mass vaccination campaigns, lockdowns, and communication strategies.

At the end of May, the U.S. Defense Advanced Research Projects Agency (DARPA) put out a Request for Information (RFI) seeking information regarding “state-of-the-art capabilities in the simulation of disease outbreaks.”

The Pentagon’s research and development funding arm wants to hear from academic, industry, commercial, and startup communities on how to develop “advanced capabilities that drive technical innovation and identify critical gaps in bio-surveillance, diagnostics, and medical countermeasures” in order to “improve preparedness for future public health emergencies.”

As if masks, social distancing, lockdowns, and vaccination mandates under the unscientific guise of slowing the spread and preventing the transmission of COVID weren’t harmful enough, the U.S. military wants to model the effects of these exact same countermeasures for future outbreaks.

The RFI also asks participants “Fatality Rate & Immune Status: How are fatality rates and varying levels of population immunity (natural or vaccine-induced) incorporated into your simulations?“

Does “natural or vaccine-induced” relate to “population immunity” or “fatality rates” or both?

Moving on, the RFI gets into modeling lockdowns, social distancing, and mass vaccination campaigns, along with communication strategies:

Intervention Strategies: Detail the range of intervention strategies that can be modeled, including (but not limited to) vaccination campaigns, social distancing measures, quarantine protocols, treatments, and public health communication strategies. Specifically, describe the ability to model early intervention and its impact on outbreak trajectory.

The fact that DARPA wants to model these so-called intervention strategies just after the entire world experienced them suggests that these exact same measures will most likely be used again in the future:

“We are committed to developing advanced modeling capabilities to optimize response strategies and inform the next generation of (bio)technology innovations to protect the population from biological threats. We are particularly focused on understanding the complex interplay of factors that drive outbreak spread and evaluating the effectiveness of potential interventions.” — DARPA, Advanced Disease Outbreak Simulation Capabilities RFI, May 2025.

“Identification of optimal timelines and capabilities to detect, identify, attribute, and respond to disease outbreaks, including but not limited to biosensor density deployment achieving optimal detection timelines, are of interest.” ­— DARPA, Advanced Disease Outbreak Simulation Capabilities RFI, May 2025.

With lockdowns, mass vaccination campaigns, and social distancing still on the table from the last around, it appears that AI and Machine Learning will play a much bigger role in the next.

For future innovation, the DARPA RFI asks applicants to: “Please describe any novel technical approaches – or applications of diverse technical fields (e.g., machine learning, artificial intelligence, complex systems theory, behavioral science) – that you believe would significantly enhance the state-of-the-art capabilities in this field or simulation of biological systems wholistically.”

Instead of putting a Dr. Fauci, a Dr. Birx, a replaceable CDC director, a TV doctor, a big pharma CEO, or a Cuomo brother out there to lie to your face about how they were all just following The ScienceTM, why not use AI and ML and combine them with behavioral sciences in order to concoct your “public health communications strategies?”

When you look at recently announced DARPA programs like Kallisti and MAGICS, which are aimed at creating an algorithmic Theory of Mind to model, predict, and influence collective human behavior, you start to get a sense of how all these programs can interweave:

“The MAGICS ARC calls for paradigm-shifting approaches for modeling complex, dynamic systems for predicting collective human behaviour.” — DARPA, MAGICS ARC, April 2025

On April 8, DARPA issued an Advanced Research Concepts (ARC) opportunity for a new program called “Methodological Advancements for Generalizable Insights into Complex Systems (MAGICS)” that seeks “new methods and paradigms for modeling collective human behavior.”

Nowhere in the MAGICS description does it mention modeling or predicting the behavior of “adversaries,” as is DARPA’s custom.

Instead, it talks at length about “modeling human systems,” along with anticipating, predicting, understanding, and forecasting “collective human behavior” and “complex social phenomena” derived from “sociotechnical data sets.”

Could DARPA’s MAGICS program be applied to simulating collective human behavior when it comes to the next public health emergency, be it real or perceived?

“The goal of an upcoming program will be to develop an algorithmic theory of mind to model adversaries’ situational awareness and predict future behaviour.” — DARPA, Theory of Mind Special Notice, December 2024.

In December 2024, DARPA launched a similar program called Theory of Mind, which was renamed Kallisti a month later.

The goal of Theory of Mind is to develop “new capabilities to enable national security decisionmakers to optimize strategies for deterring or incentivizing actions by adversaries,” according to a very brief special announcement.

DARPA never mentions who those “adversaries” are. In the case of a public health emergency, an adversary could be anyone who questions authoritative messaging.

The Theory of Mind program will also:

… seek to combine algorithms with human expertise to explore, in a modeling and simulation environment, potential courses of action in national security scenarios with far greater breadth and efficiency than is currently possible.

This would provide decisionmakers with more options for incentive frameworks while preventing unwanted escalation.

We are interested in a comprehensive overview of current and emerging technologies for disease outbreak simulation, how simulation approaches could be extended beyond standard modeling methods, and to understand how diseases spread within and between individuals including population level dynamics.

They say that all the modeling and simulating across programs is for “national security,” but that is a very broad term.

DARPA is in the business of research and development for national security purposes, so why is the Pentagon modeling disease outbreaks and intervention strategies while simultaneously looking to predict and manipulate collective human behavior?

If and when the next outbreak occurs, the same draconian and Orwellian measures that governments and corporations deployed in the name of combating COVID are still on the table.

And AI, Machine Learning, and the military will play an even bigger role than the last time around.

From analyzing wastewater to learning about disease spread; from developing pharmaceuticals to measuring the effects of lockdowns and vaccine passports, from modeling and predicting human behavior to coming up with messaging strategies to keep everyone in compliance – “improving preparedness for future public health emergencies” is becoming more militaristically algorithmic by the day.

“We are exploring innovative solutions to enhance our understanding of outbreak dynamics and to improve preparedness for future public health emergencies.” — DARPA, Advanced Disease Outbreak Simulation Capabilities RFI, May 2025.

Reprinted with permission from The Sociable.

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Business

Audit report reveals Canada’s controversial COVID travel app violated multiple rules

Published on June 11, 2025

By

From LifeSiteNews

By Anthony Murdoch

Canada’s Auditor General found that government procurement rules were not followed in creating the ArriveCAN app.

Canada’s Auditor General revealed that the former Liberal government under Prime Minister Justin Trudeau failed multiple times by violating contract procurement rules to create ArriveCAN, its controversial COVID travel app.

In a report released Tuesday, Auditor General Karen Hogan noted that between April 2015 to March 2024, the Trudeau government gave out 106 professional service contracts to GC Strategies Inc. This is the same company that made the ArriveCAN app.

The contracts were worth $92.7 million, with $64.5 million being paid out.

According to Hogan, Canada’s Border Services Agency gave four contracts to GC Strategies valued at $49.9 million. She noted that only 54 percent of the contracts delivered any goods.

“We concluded that professional services contracts awarded and payments made by federal organizations to GC Strategies and other companies incorporated by its co-founders were not in accordance with applicable policy instruments and that value for money for these contracts was not obtained,” Hogan said.

She continued, “Despite this, federal government officials consistently authorized payments.”

The report concluded that “Federal organizations need to ensure that public funds are spent with due regard for value for money, including in decisions about the procurement of professional services contracts.”

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.

Last year, Hogan published an audit of ArriveCAN and on Tuesday published a larger audit of the 106 contracts awarded to GC Strategies by 31 federal organizations under Trudeau’s watch.

‘Massive scandal,’ says Conservative leader Pierre Poilievre

Conservative Party leader Pierre Poilievre said Hogan’s report on the audit exposed multiple improprieties.

“This is a massive scandal,” he told reporters Tuesday.

“The facts are extraordinary. There was no evidence of added value. In a case where you see no added value, why are you paying the bill?”

ArriveCAN was introduced in April 2020 by the Trudeau government and made mandatory in November 2020. The app was used by the federal government to track the COVID jab status of those entering the country and enforce quarantines when deemed necessary.

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

As for the app itself, it was riddled with technical glitches along with privacy concerns from users.

LifeSiteNews has published a wide variety of reports related to the ArriveCAN travel app.

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