Several challenges to Canada’s previously imposed vaccine travel mandate have been axed by a federal court judge..The court was set to hear cases set forth by People’s Party of Canada leader Maxime Bernier, former Newfoundland premier Brian Peckford, businessmen Karl Harrison and Shaun Rickard, and more. However, less than two weeks from the scheduled hearing, Associate Chief Justice Jocelyne Gagné passed the attorney general's application to strike the challenges..“The applicants' applications for judicial review are struck out as moot," wrote the judgment..Gagné has not yet released detailed reasons for her decision, which is expected to be published soon..“We are disappointed with the decision and, subject to the reasons when given, we will look to commence work immediately on an appeal,” Rickard posted on social media following the news..Rickard says his legal challenge has “certainly been effective” in forcing the Trudeau government to suspend the vaccine mandate for travel, further noting he “cannot know if any political pressure was brought to bear on the court in this instance.”.Whether there is any merit to Rickard’s claim of certainty in regard to his challenge’s efficacy — within the context of travel mandates being lifted — is incalculable..As for a potential appeal, Rickard says it could allow an opportunity to challenge the way “mootness” is used in Canada to, as he puts it, “facilitate poor government policy to avoid legal scrutiny.”.The federal government implemented the travel mandate in October 2021, suspending it in June after months of widespread backlash..Prime Minister Justin Trudeau has been clear the mandates could be reinstated once again if deemed necessary by his government..Peckford also confirmed he’ll be starting the appeal process..“The people lose — the state wins,” he wrote in an emotional email to supporters, further expressing disappointment the judge hadn’t yet provided reasons..Calling logic “dead,” Bernier took to social media expressing his own contempt for Gagné’s decision to pass the attorney general’s application..“Trudeau said this week he could bring back his authoritarian COVID measures if we don’t all get more shots. But yesterday a judge rejected as ‘moot’ our legal challenge of travel restrictions because they were suspended a month ago,” wrote Bernier..Filed after the travel mandate was lifted, the motion argued a court ruling wouldn’t have a practical effect since the mandate was no more. On Thursday, the judge agreed, effectively blocking the challenger’s opportunity to be heard in court, which was set to take place on October 31..“I wish Jocelyne Gagné every success as the new associate chief justice of the Federal Court. With six years of service as a judge, as well as extensive experience in commercial and civil litigation, I know she will serve Canadians well in this new role," said Trudeau in 2018, announcing the appointment of Gagné to her new roll..READ MORE: Grim week for several of BC's vaccine-related court cases
Several challenges to Canada’s previously imposed vaccine travel mandate have been axed by a federal court judge..The court was set to hear cases set forth by People’s Party of Canada leader Maxime Bernier, former Newfoundland premier Brian Peckford, businessmen Karl Harrison and Shaun Rickard, and more. However, less than two weeks from the scheduled hearing, Associate Chief Justice Jocelyne Gagné passed the attorney general's application to strike the challenges..“The applicants' applications for judicial review are struck out as moot," wrote the judgment..Gagné has not yet released detailed reasons for her decision, which is expected to be published soon..“We are disappointed with the decision and, subject to the reasons when given, we will look to commence work immediately on an appeal,” Rickard posted on social media following the news..Rickard says his legal challenge has “certainly been effective” in forcing the Trudeau government to suspend the vaccine mandate for travel, further noting he “cannot know if any political pressure was brought to bear on the court in this instance.”.Whether there is any merit to Rickard’s claim of certainty in regard to his challenge’s efficacy — within the context of travel mandates being lifted — is incalculable..As for a potential appeal, Rickard says it could allow an opportunity to challenge the way “mootness” is used in Canada to, as he puts it, “facilitate poor government policy to avoid legal scrutiny.”.The federal government implemented the travel mandate in October 2021, suspending it in June after months of widespread backlash..Prime Minister Justin Trudeau has been clear the mandates could be reinstated once again if deemed necessary by his government..Peckford also confirmed he’ll be starting the appeal process..“The people lose — the state wins,” he wrote in an emotional email to supporters, further expressing disappointment the judge hadn’t yet provided reasons..Calling logic “dead,” Bernier took to social media expressing his own contempt for Gagné’s decision to pass the attorney general’s application..“Trudeau said this week he could bring back his authoritarian COVID measures if we don’t all get more shots. But yesterday a judge rejected as ‘moot’ our legal challenge of travel restrictions because they were suspended a month ago,” wrote Bernier..Filed after the travel mandate was lifted, the motion argued a court ruling wouldn’t have a practical effect since the mandate was no more. On Thursday, the judge agreed, effectively blocking the challenger’s opportunity to be heard in court, which was set to take place on October 31..“I wish Jocelyne Gagné every success as the new associate chief justice of the Federal Court. With six years of service as a judge, as well as extensive experience in commercial and civil litigation, I know she will serve Canadians well in this new role," said Trudeau in 2018, announcing the appointment of Gagné to her new roll..READ MORE: Grim week for several of BC's vaccine-related court cases
