Challengers to the COVID-19 vaccine mandate for travel after the Attorney General filed a motion to dismiss their application on controversial grounds because the mandate was suspended on June 20. , are pleading for their case to be heard in court.
Attorney Keith Wilson, of the Center for Constitutional Liberal Justice (JCCF) and representing former Newfoundland Premier Brian Peckford and co-applicants, responded to the AG’s June 28 motion on August 5. submitted the
of response “Dismissing this issue would set a dangerous precedent for government officials,” he said.
“They will be free to enact temporary but illegal laws, nullify them at their whim, and claim nonsense when challenged.”
Wilson wrote that the government had no de facto or legal justification to impose the mandate in the first place, and only courts can assess issues related to violations of charter-guaranteed rights of movement.
The AG’s motion argues that interim orders imposing vaccine mandates are repealed and no longer exist in law.
“There is no live issue between the parties. The order has no substantive effect,” the text of the motion states.
The AG further argues that “scarce judicial resources” need to be better used.
The Justice Department has assigned at least nine attorneys to the case and referred 16 witnesses and experts to the defense of the mandate.
Wilson said the interim order imposing in-transit vaccinations expired on June 20 and was not renewed, but there is nothing to prevent the transport minister from writing a new order.
He also highlighted the government’s language around the issue, suggesting it was just a “pause” and not a complete abolition.
Transport Canada’s official statement on June 14 includes seven variations of the word “suspend”. publication The government also said it would not hesitate to make adjustments.
AG’s motion to declare the application invalid is scheduled to be heard in person in court on September 21. If the case is allowed to continue, the hearing will run from October 31st for her to November 4th for him.
court documents
The Epoch Times reports a number of previously unpublished revelations based on court documents and testimony of government officials regarding vaccine mandates.
Transport Canada official Jennifer Little, who drafted the mandate policy, said during cross-examination in June that she could not recall a recommendation from Health Canada to impose the mandate.
Dr. Lisa Waddell, an epidemiologist at the Public Health Agency of Canada (PHAC), said during cross-examination in May that there was little data on in-flight infections and that her team’s briefing on the topic suggested vaccination as a requirement for air travel. testified that it does not recommend
Dr Celia Lourenco, the official who approved the COVID-19 vaccine in Canada, testified in June that the vaccine was still in trials and was brought to market through a rare interim order.
She said that if the vaccine showed its current level of efficacy against infection during initial trials (less than 50%, with protection plummeting after a few months), it would never have been approved.
There are no specific thresholds monitored, but the vaccine remains approved for the protection it offers against serious consequences.
The liberal government decided to impose the travel obligation in late July and then publicly announced it on August 13, according to court documents.
The mandate took effect in late October, following the re-election of the Liberal Party to the minority government in September 2021.
Banned unvaccinated Canadians from boarding planes, trains and some ships from within Canada, but granted medical and religious exemptions. Compassionate exemptions for people to attend funerals and other events were not granted.
According to court documents, the government was seeking “one of the world’s most powerful traveler vaccination mandates.”
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Noé Chartier is a reporter for the Epoch Times based in Montreal. Twitter: @NChartierET Gettr: @nchartieret