The Supreme Court of Canada will not hear an appeal by People’s Party Leader Maxime Bernier and former Progressive Conservative premier of Newfoundland Brian Peckford over vaccination mandates imposed on air travellers during the COVID-19 pandemic.
From Nov. 30, 2021 through June 20, 2022, all air and rail passengers travelling within or departing from Canada are required to be fully vaccinated against COVID-19.
Messrs Bernier and Peckford applied for judicial review challenging these rules, but the orders were stayed before they could be heard.
The Federal Court dismissed the application for judicial review as the issue was no longer moot and ruled that it was not justified in hearing a review of an order that no longer existed.
A federal appeals court also dismissed the case, saying the federal court “correctly recognized its approach to motions to quash the lawsuit,” the Supreme Court wrote in a brief.
The Supreme Court of Canada has been asked to consider whether the conditions for refusing to hear cases on issues that are no longer moot should be modified in the context of emergency orders issued by the government.
The Supreme Court of Canada on Thursday rejected appeals in both cases.
“I am extremely disappointed in the Supreme Court of Canada’s decision to reject our appeal against the Liberal Party’s heavy-handed travel ban on unvaccinated people,” Bernier said Thursday.
Alison Pejovic, a lawyer for both cases, said in a statement that the Supreme Court’s decision denied Canadians’ “right to know whether the federal government acted lawfully to block them.” [both men] From travel…
“Deeming moot a lawsuit challenging draconian emergency orders that have harmed millions of Canadians erodes confidence in our justice system and undermines the rule of law.” The statement said:.
Bernier’s history of challenging pandemic orders
Bernier has a history of unsuccessfully challenging pandemic public health orders, pleaded guilty to violating Manitoba’s public health orders twice last year and was ordered to pay more than $2,000 in fines.
The leader of the People’s Party of Canada was charged in June 2021 with attending a rally with more people than was permitted at the time under Manitoba’s COVID-19 pandemic restrictions.
Last year, Bernier was also found guilty of violating Saskatchewan’s public safety regulations during the pandemic.
Bernier and six others were convicted in connection to a gathering billed as a “freedom assembly” in Regina in 2021. At the time, a public health order was in place banning outdoor gatherings of more than 10 people.
Police presented evidence that more than 200 people attended a protest at the Cenotaph in Victoria Park on May 8, 2021, and that Mr Bernier was one of the advertised speakers.
