The Justice Centre for Constitutional Freedoms (JCCF) had its legal challenge against the federal government's COVID-19 travel restrictions postponed..Despite the court ordering four separate cases be consolidated into one and that it be heard on an expedited basis, the federal court granted the postponement after the Government of Canada requested the hearing be adjourned..Citing translation delays, a "recent unexpected need to reassign a new senior lead counsel for these applications," and the fact the federal government has suspended the travel restrictions at present, the government requested the adjournment in a letter dated June 19..The JCCF sent a letter on June 22 in response to the request for adjournment and strongly opposed Canada’s request to adjourn the matter..“The application remains a live controversy, is of continued constitutional significance, and has not been deemed otherwise by the Court," said the JCCF in its letter. ."It is submitted a matter of such importance should be heard as expeditiously as reasonably possible, and Canada has not established any compelling or exceptional circumstances to warrant the delay of this application. It is submitted the request for adjournment should be denied.".The court decided to grant an adjournment for the government and ruled "any prejudice against the Applicants [sic] represented by the Justice Centre could be addressed by awarding costs," a monetary amount for legal expenses. The court, in its ruling said while none of the government's requests individually justified a delay, "taken together, they constitute the kind of extraordinary circumstances that justify adjourning the hearing." .The September 19 hearing has now been rescheduled to Monday, October 31, 2022. .In October 2021, the federal government announced the travel ban for anyone — travelling by air, train, or ship — who cannot show proof they are fully vaccinated against COVID-19. The travel ban prevented approximately six million Canadians — 15% of the country's population — from travel within Canada or flying outside of the country. .In March, the JCCF filed evidence on behalf of 11 witnesses, including People's Party of Canada leader Maxime Bernier, former premier of Newfoundland and last surviving signatory of the charter Brian Peckford, and five expert witnesses. Statements filed included claims from Canadians involved in the lawsuit who said they were unable to travel to help sick family members, work, access healthcare options outside of Canada, visit family or friends, or take international vacations. .Expert evidence included a range of scientific evidence showing COVID-19 is spread among both the vaccinated and unvaccinated, risks associated with taking the COVID-19 vaccines including myocarditis and other possible adverse events, and highlighted the benefit of natural immunity. .In April, the federal government filed its evidence on behalf of 16 witnesses — including five experts — in defence of its ban on travel for the unvaccinated. JCCF lawyers spent all of June in cross examination of the government witnesses in preparation for the full trial in fall..On June 14, the federal government put out a news release announcing it was, as of June 20, suspending vaccine requirements “for domestic and outbound travel, federally regulated transportation sectors and federal government employees.”.“We are eager to have this matter heard in court," said JCCF lawyer Eva Chipiuk.."Similar Covid mandate cases have been adjudicated in the United States, India, and New Zealand. Courts around the world found governments must respect fundamental human rights, including the right to bodily autonomy, which means individuals have the right to decide freely on what medical treatment they wish to receive, and the fundamental right of mobility to enter and leave a free and democratic country.” .Here is an updated schedule of the JCCF's travel ban lawsuit:.August 5: Service and filing of Applicants’ Records and Response to the Respondent’s Mootness Application (mootness means the government will argue that with the suspension of travel ban, the legal action is now pointless.).September 21: One day in-person Mootness Hearing.September 30: Service and filing of Respondent’s Record.October 31 – November 4: Hearing.“Canadians cannot live in a country which will not permit them to freely leave for business, for necessary medical care, to see loved ones abroad, to vacation, or simply to move away," said Chipiuk. ."Any country that makes receipt of a drug or medical treatment a condition to departing the country has lost all semblance of freedom and respect for human dignity.".“Canada was one of the few countries in the world that had a travel ban on unvaccinated citizens flying within the country and to different provinces. This travel ban has not been cancelled, only suspended, and so court action must continue."
