The Federal Court of Appeal rejected five legal challenges to vaccine mandates that are no longer in effect for people who travel by air and rail. They said these challenges were irrelevant.According to Blacklock’s Reporter, the lead plaintiffs were Maxime Bernier, leader of the People's Party of Canada, and Brian Peckford, former premier of Newfoundland and Labrador.The case was “moot for lack of live controversy,” wrote judges in dismissing the cases. The vaccine mandates expired June 20, 2022. The Court of Appeal stated that although there's a chance that vaccine requirements could come back in the future, it's not very likely and “highly speculative.” The plaintiffs questioned the constitutionality of the 2021 mandates stopping people from flying or taking trains if they could not show they got vaccinated. But a lower court dismissed these cases in 2022.“Generally speaking, the applicants seek declarations of invalidity on various grounds in respect of the repealed air and rail passenger vaccine mandates,” Federal Court Justice Jocelyne Gagné wrote in her 2022 judgment. “Yet it is well known that courts should refrain from expressing opinions on questions of law in a vacuum or where it is unnecessary to dispose of a case. Any legal or constitutional pronouncement could prejudice future cases and should be avoided.”The cabinet repealed the traveller's vaccine mandate, citing that it was no longer justified based on new scientific findings.“The decision is not based on something we woke up this morning and decided to do,” then-Transport Minister Omar Alghabra told reporters at the time. “We have done our homework. This is what Canadians expect us to do.”“What is different about today?” asked a reporter. “I’ll tell you this position today took a lot of discussions,” replied Alghabra.On November 30, 2021, regulations for mandatory COVID-19 vaccination requirements were introduced and enforced on commercial air flights and VIA Rail.So far, the transport department has not revealed the number of passengers denied boarding due to their medical status.Officials have also not provided estimates regarding the number of transport workers suspended or terminated for refusing to adhere to vaccine mandates.Then-Health Minister Jean-Yves Duclos informed reporters that the decision to repeal the mandates was based on updated scientific information, but he did not provide further details.“Our government’s response has always been informed by evolving science, research, prudence and expert public health advice,” said Duclos.The mandates were lifted two weeks after Dr. Theresa Tam, the chief public health officer, issued a forecast on June 8, 2022, indicating that a seventh wave of COVID-19 infection was "very likely" and recommended taking precautions.“I think the pandemic is not over,” said Tam. “Given the continuous evolution of the coronavirus, we think it is very likely we will get some more viral activity in the future.”
