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Two lower courts had refused to hear their constitutional appeal because it had become obsolete and would have unnecessarily taken up time and resources.

The Supreme Court of Canada seized of the vaccination obligation.

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A traveler at an airport checks her vaccination passport on her phone while holding a mask and boarding pass.

  • Jean-Philippe Nadeau (View profile)Jean -Philippe Nadeau

After being rejected twice, the Legal Center for Constitutional Freedoms remains firm: the compulsory vaccination of Canadian passengers during the pandemic was illegal and unconstitutional. He therefore announced Thursday that he is asking to be heard before the Supreme Court of Canada regarding the constitutionality of the vaccination passport in transportation.

In November 2021, the Trudeau government required all travelers in federally regulated transportation (air, rail and marine) to provide proof of their COVID-19 vaccination.

The Alberta-based Law Center for Constitutional Freedoms says such a restriction violated its clients' freedom of movement as as guaranteed by the Charter.

He estimates that 5.2 million unvaccinated Canadians were unable to travel by plane or train during this period.

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In addition to several travelers, the former Prime Minister of Newfoundland and Labrador Brian Peckford and the leader of the People's Party of Canada Maxime Bernier are among the plaintiffs.

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The federal Minister of Transport at the time, Omar Alghabra, when he presented the compulsory vaccination policy in transport on the tarmac of Pearson Airport in the summer of 2021.

In a press release, the Legal Center states that it intends to challenge the former mandatory COVID-19 vaccination measures upon departure or entry to the country before Canada's highest court.

Public interest in this case is staggering [and] Canadians need to know whether it is legal for a government to prevent them from traveling based on whether or not they have taken a medication or whether they have been vaccinated or not. no.

A quote from Allison Pejovic, lawyer for MM. Peckford and Bernier

The government had tabled in extremis a request to cancel the appeal even before the start of the hearings, in October 2022, arguing that this cause was no longer relevant after the removal of health measures.

The Federal Court ruled in his favor in September 2022 by ruling that the case had become obsolete since all the measures surrounding the vaccination obligation in transportation had been abandoned at the start of summer 2022.

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It is no longer necessary to be vaccinated in Canada since the start of summer 2022 to take a domestic flight.

The Legal Center then appealed to the Federal Court of Appeal, which upheld the lower court's decision in November 2023.

In their decision, the two courts ruled that a constitutional appeal would have used judicial resources inappropriately.

In its press release, the Legal Center maintains that the vaccination obligation in transport represents one of the worst violations of freedoms in the annals of the country and that Canadians have the right to challenge in court policies that they believe violate the Canadian Charter of Rights and Freedoms.

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The leader of the People's Party of Canada, Maxime Bernier, is among the plaintiffs in this case. (Archive photo)

He even warns the public that any legal appeal against emergency orders now risks being deemed moot simply because they are normally only implemented for short periods.

If courts want to uphold and uphold orders that violate Charter rights every time an order is no longer in effect, how can the Charter protect Canadians from government abuse ?

A quote from John Carpay, President of the Legal Center for Constitutional Liberties

It states that emergency orders will have already been canceled by the time an appeal has passed the first stage of the legal process or before relevant evidence and legal arguments are presented to a judge.

Mr. Pejovic adds that the Supreme Court of Canada has an unexpected opportunity to set a precedent regarding the way in which courts deal with all stale cases involving questions of constitutionality.

  • Jean-Philippe Nadeau (View profile)Jean-Philippe NadeauFollow
Teilor Stone

By Teilor Stone

Teilor Stone has been a reporter on the news desk since 2013. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining Thesaxon , Teilor Stone worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my teilor@nizhtimes.com 1-800-268-7116