Tue Apr 25, 2023 – 1:51 pm EDT
(Justice Centre for Constitutional Freedoms) — The Justice Centre for Constitutional Freedoms is pleased to announce that on Thursday, April 13, 2023, lawyers for the Honorable Brian Peckford, the Honorable Maxime Bernier, and others, filed their written arguments in support of their appeal of the October 20, 2022 decision of the Federal Court that found their case was “moot.”
The Federal Court notified the parties that the constitutional challenges against the federal government’s travel mandate during the Covid-19 pandemic were struck for being “moot,” just eleven days prior to the start of the constitutional hearing, which had been scheduled for October 31, 2022.
The Federal Court issued full reasons on October 27, 2022. In her reasons, Associate Chief Justice Jocelyne Gagne found that the use of judicial resources for a five-day hearing, when the travel mandate had already been lifted, outweighed the public interest in having the case heard on the merits.
The written arguments focus on the Federal Court Judge’s failure to give proper weight and consideration to the Minister of Transport’s threat made in a public statement “to make adjustments based on the latest public health advice and science to keep Canadians and
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