Supreme Court Will Not Hear Appeal Against Travel Vaccine Mandates
Bernier, Peckford, and Ben Naoum sought to challenge this decision at the Supreme Court, but their appeals have now been dismissed.
The Supreme Court of Canada has decided not to hear appeals from challengers of the federal government's COVID-19 travel vaccine mandate.
The decision, announced on August 29, 2024, dismissed appeals with costs in three cases involving People's Party Leader Maxime Bernier, former Newfoundland Premier Brian Peckford, and Quebec lawyer Nabil Ben Naoum.
The court did not provide a reason for rejecting the appeals, which is standard practice in such decisions.
The appeals stemmed from challenges to a mandate that barred unvaccinated Canadians from boarding planes, trains, and some marine vessels.
This measure, implemented in October 2021 and suspended in June 2022, was challenged on the grounds of constitutionality.
However, before the cases could be fully adjudicated, the mandate was lifted, leading the Attorney General to argue that the cases were "moot," meaning there was no longer a live issue to resolve.
Federal Court Justice Jocelyne Gagné ruled in favor of this argument in October 2022, stating that the applicants had "substantially received the remedies sought," and there was no longer a controversy that required adjudication.
This ruling was later upheld by the Federal Court of Appeal in November 2023.
Bernier, Peckford, and Ben Naoum sought to challenge this decision at the Supreme Court, but their appeals have now been dismissed.
The Justice Centre for Constitutional Freedoms (JCCF), which supported Bernier and Peckford, expressed disappointment, arguing that the court missed an opportunity to scrutinize government actions taken during emergencies, which they believe were shielded from public view under cabinet confidences.
Meanwhile, two other challengers, Karl Harrison and Shaun Rickard, did not appeal to the Supreme Court but have instead filed a new lawsuit seeking damages, which the Attorney General has moved to dismiss.
This decision effectively ends the legal challenge to the federal travel vaccine mandate, leaving unresolved questions about the legality of the government's actions during the pandemic, according to the JCCF.
