Challengers to the COVID-19 vaccine mandate for travel are pleading for their case to be heard in court after the Attorney-General submitted a motion to dismiss their applications on the grounds of mootness, since the mandate was suspended on June 20.
Attorney Keith Wilson, affiliated with the Justice Centre for Constitutional Freedoms (JCCF) and representing former Newfoundland premier Brian Peckford and co-applicants, filed his response to the AG’s June 28 motion on August 5.
“It will allow them to be at liberty to enact, albeit temporarily, unlawful laws, and at their whim revoke them and argue mootness when challenged.”
Wilson writes the government never had the factual or legal justification to impose a mandate in the first place and only the court can assess the matter, which pertains to the infringement of Charter-guaranteed mobility rights.
The AG’s motion argues the interim orders imposing a vaccine mandate were repealed and no longer exist in law.
“There is no live issue between the parties. An order will have no practical effect,” says the text of the motion.
The AG further argues that “scarce judicial resources” should be used more appropriately.
The Justice Department has assigned at least nine lawyers to the case and presented 16 witnesses and experts in defence of the mandate.
Wilson says the interim order imposing vaccination in transportation expired on June 20 and was not renewed, but nothing would prevent the transport minister to write a new order.
He also highlights the government’s language surrounding the issue which suggests it is only a “suspension” and not a full repeal.
Court DocumentsThe Epoch Times has reported many previously undisclosed revelations based on court documents and testimony from government officials on the vaccine mandate.
The official who authorized the COVID-19 vaccines in Canada, Dr. Celia Lourenco, testified in June the vaccines are still under trial and were put to market through a rare interim order.
The vaccines remain authorized due to the protection they afford against serious outcomes, she said, though there isn’t a specific threshold being monitored.
Court documents show the Liberal government decided to impose the travel mandate in late July, and subsequently made the public announcement on August 13.
The mandate came into force in late October after the Liberals were re-elected with a minority government in September 2021.