CALGARY – Constitutional lawyers will be in Federal Court Wednesday to contest the Federal Government’s attempt to shut down a legal challenge to the federal government's imposed travel ban.
The one-day “mootness hearing” will be live-streamed and Canadians who want to attend must register for a link to observe the court application live. This hearing comes after the federal government's attempt to stop court action to have the court review the government’s decision to impose a travel ban against un-vaccinated Canadians. The lawyers in the action represent Brian Peckford, Maxime Bernier, and four other individuals.
“Canada was one of the few countries in the world that had a travel ban on unvaccinated citizens flying within the country and to different provinces,” said Eva Chipiuk, a lawyer with the Justice Centre for Constitutional Freedoms.
The federal government is trying to stop the legal action saying that the suspension of the travel ban makes the legal action pointless.
On June 14, the federal government issued a news release announcing that effective June 20, vaccine requirements would be suspended for “domestic and outbound travel, federally regulated transportation sectors and federal government employees.” Shortly after, the federal government filed a motion with the court seeking to strike down the legal challenge saying the travel ban is no longer in force and therefore the court action was "moot."
“This travel ban has not been cancelled, only suspended, and so court action must continue," said Chipiuk.
“These infringements on Canadians’ Charter rights are unprecedented, and this matter must be adjudicated by the Court."
In October of 2021, the federal government forced anyone travelling by air, train, or ship, to have the required number of Covid shots in order to travel. Canada’s new definition of "vaccinated" now includes required boosters. Canada was one of a few countries that banned unvaccinated citizens from flying within the country and to different provinces.
Lawyers challenging the federal government's travel ban include Chipiuk, Allison Pejovic, Keith Wilson, and Patrick Abbott [student-at-law]. They say it is the applicants’ position that without a hearing on the merits of this matter, in an open and transparent court, the democratic foundation of our society will be eroded.
In March, the JCCF filed evidence on behalf of 11 witnesses – including five expert witnesses. They said that expert medical evidence now filed with the court ranges from scientific evidence about Covid spread among both vaccinated and unvaccinated, and risks associated with taking the new Covid shots.
The hearing against the travel ban was first scheduled for Sept. 19, but was adjourned to Oct. 31 to Nov. 4 after the federal government asked the federal court to postpone the trial.
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