The challenge by the Justice Centre for Constitutional Freedoms (JCCF) of vaccine passports in Ontario has come to an end, as the courts declared it “moot” on appeal.JCCF shared the verdict of the Ontario Superior Court of Justice in a Twitter ("X") post Tuesday.“The Court has dismissed the appeal to Ontario’s vaccine passport that was meant to proceed today, calling it ‘moot’. The Respondent (Ontario gov) had not previously asked for it to be dismissed as moot,” the post said.The Justice Centre filed a constitutional challenge against Ontario’s vaccine passport mandate in Ontario’s Superior Court of Justice on October 18 2021. The legal challenge was brought on behalf of eight Ontario citizens who did not take a COVID vaccine and were denied travel or services as a result.Ontario’s vaccine passport laws were introduced on September 22 2021 and prohibited individuals from entering restaurants, gyms and other establishments unless they were “fully vaccinated” as defined by the government. As of October 20 2021, individuals were required to produce government-issued QR Codes on a smart phone in order to obtain everyday services the government arbitrarily deemed “non-essential.” Businesses owners who failed to comply faced fines of up to $100,000 or jail-time. The system was withdrawn in March 2022.On July 26 and 27 2022, the challenge to Ontario’s now-cancelled COVID vaccine passport program was heard in Ontario Superior Court, Toronto Courthouse. The following November 21 and 22, the challenge to Ontario’s then- expired vaccine passport system was heard again by the same court. On December 13 the Ontario Superior Court of Justice ruled Ontario's vaccine passports were constitutional.One of the appellants, Linda McDonough, has Chronic Regional Pain Syndrome (CRPS). Her doctor had recommended that she undergo periodic warm water therapy at a local pool and the treatment was successful in managing her pain. The passport system denied her access to the pool to undergo this therapy and exacerbated pain from her CRPS.Evan Kraayenbrink, another appellant, was inspired by his grandfather’s stories about the atrocities of World War II. These compelled him to stand up for Canada’s constitutional freedoms.The Justice Centre appealed in early January of this year. Lawyers for the appellants argued the court erred by holding none of the appellants’ rights were infringed by the passport system.“The vaccine passport system represented a gross violation of individual rights and freedoms,” said Jorge Pineda, counsel for the appellants. “It was implemented without scientific justification, without a proper legal framework and without taking into consideration the diverse population needs and rights." "We will be asking the Court of Appeal to recognize this reality and to uphold the rights of individuals to be free from government overreach, even in times of fear and panic. We will seek a decision that ensures that any future measure taken by government be justified on a sound legal basis and restrict rights as little as possible.”The Justice Centre drew attention to the case again in a July press release when the October 24 appeal date had been set.“This case is critically important to safeguarding the freedoms of Canadians before these freedoms are lost forever,” the Justice Centre wrote at the time.
