From The Opposition with Dan Knight

The Court’s Refusal to Hear Vaccine Mandate Challenges Shows a Troubling Endorsement of Government Overreach

Let’s call this what it is: a shocking abandonment of judicial duty and a blatant disregard for Canadians’ fundamental rights. The Supreme Court of Canada has just refused to hear two critical cases that challenged the federal COVID vaccine travel mandate. This isn’t just a legal technicality. It’s a clear message from the highest court in the land: “We’re not interested in defending your freedoms. We’d rather sidestep controversy and protect government overreach.”

The cases in question, Peckford et al. v. Canada and Hon. Maxime Bernier v. Canada, were crucial tests of the limits of government power. The Honourable Brian Peckford, the last living signer of the Canadian Charter of Rights and Freedoms, and Maxime Bernier, leader of the People’s Party of Canada, stood up to challenge the draconian mandates that the Trudeau government imposed. These mandates effectively barred unvaccinated Canadians from traveling — a blatant violation of mobility rights under the Charter. Yet, the Supreme Court has chosen to declare these cases “moot,” arguing that since the mandates have been lifted, there’s no point in reviewing their legality.

Judicial Evasion: A Dangerous Precedent

Let’s be clear: the court’s decision to duck out of these cases isn’t just a mistake; it’s a dangerous precedent. By labeling the cases moot, the Supreme Court has effectively allowed the government to evade scrutiny of its actions. This is nothing short of judicial cowardice. The government can impose sweeping restrictions, violate Charter rights, and then simply withdraw those measures to avoid legal accountability. It’s a dirty trick, and the Supreme Court just endorsed it.

Consider this: the vaccine mandate was not based on any scientific evidence or medical advice. This isn’t speculation; it’s fact. Under cross-examination, a government bureaucrat admitted as much. The mandate was a political decision, plain and simple, driven by the whims of Justin Trudeau and his Cabinet. And now, the Supreme Court has decided that Canadians don’t deserve to know whether these actions were lawful.

A Government Out of Control

At the heart of this issue is a government that believes it is above the law. The Trudeau administration imposed these mandates without proper justification, effectively restricting the movement of millions of Canadians and trampling on their rights. The Minister of Transport even threatened to reinstate the mandates “without hesitation” — an ominous warning that should have alarmed every freedom-loving citizen.

The applicants in these cases argued that the doctrine of mootness should not apply when emergency orders are designed to evade judicial review. They were right. Emergency orders, unlike legislation, are decreed by the Cabinet and protected by Cabinet privilege. This means Canadians are kept in the dark about the real reasons behind these decisions. The Supreme Court had a duty to shine a light on this abuse of power, but it chose darkness instead.

A Call to Action

This decision isn’t just a legal defeat; it’s a moral failure. It’s a signal that in Canada, your rights can be violated, and the government won’t be held accountable. Canadians should be outraged. If the courts won’t defend our freedoms, who will? The Justice Centre for Constitutional Freedoms has been one of the few voices standing up for Canadians’ rights, but they can’t do it alone. It’s time for every Canadian to demand better — from their government, from their courts, and from their country.

We cannot allow this to stand. The Supreme Court’s refusal to hear these cases damages not just the legal system but the very fabric of Canadian democracy. This is not the end of the fight; it is only the beginning. The question remains: will Canada continue down this path of unchecked government overreach, or will the people rise up to reclaim their rights?

One thing is clear: the stakes have never been higher. We must hold our leaders and our courts accountable. Freedom is not just a word — it’s a way of life. And it’s a way of life that’s worth fighting for.