The Justice Centre for Constitutional Freedoms (JCCF) has confirmed the Ontario Superior Court of Justice has postponed its constitutional challenge to the Ontario government’s vaccine passport system. .“This was a sound exercise of the Court’s discretion today,” said JCCF lawyer Jorge Pineda in a Wednesday statement. .“The vaccine passport regulation has been cancelled by the Province of Ontario for now, but the question of whether it was legal and constitutional is an issue of public importance which needs to be addressed by the courts.”.The hearing has been rescheduled for November 21 and 22..The JCCF took their fight against Ontario’s vaccine passports to court in October. .READ MORE: UPDATED TIMELINE: Justice Centre takes Ontario government to court over vaccine passports.It was retained by eight Ontario residents who filed a constitutional challenge against the vaccine mandates, calling it a violation of “their Charter rights and freedoms.”.“The vaccine passport is a brazen attempt to subvert the Charter and to render its protections meaningless,” said Pineda. .The statement said JCCF lawyers had filed evidence on behalf of nine applicants and expert reports to argue vaccine passports were unconstitutional. .Before the hearing, the court asked whether it could hear a moot case, as vaccine passports have been repealed. JCCF lawyers argued this case deserved to be heard because of infringements on constitutional rights and for the public interest. .The Ontario government scrapped vaccine passports in March. .READ MORE: Ontario announces end of vax passports.“Given how well Ontario has done in the Omicron wave we are able to fast track our reopening plan,” said Ontario Premier Doug Ford..“This is great news and a sign of just how far we’ve come together in our fight against the virus.”.While the court was not inclined to hear the case for technical reasons, the judge permitted this case to continue if it was amended to overcome vaccine passports being cancelled. .“Cases of serious importance where the government significantly impacts the rights and freedoms of Canadians to go about their normal lives should not be set aside on a technicality,” said Pineda.
