Canada's Justice Center for Constitutional Freedoms has filed multiple lawsuits to strike down the federal government's mandatory Wuhan coronavirus (COVID-19) vaccine requirements for air travelers. The Justice Center's legal team has a total of 11 affidavits concerning the case in the Federal Court.
The Notice of Application was initially filed last month on behalf of several Canadians from across Canada who are challenging the travel ban on the basis that their Charter rights and freedoms have been infringed.
Former Newfoundland Premier Brian Peckford, the only surviving drafter and signatory to the 1982 Constitution and the Canadian Charter of Rights and Freedoms, serves as the main applicant in the case.
In his sworn affidavit, Peckford stated that what he found most disturbing is that the federal government has mandated a two-tiered society where one group of people has benefits while another is disadvantaged. (Related: Trudeau's COVID-19 vaccine mandate violates Canada's Charter of Rights and Freedom, says charter signatory.)
"As a person who has chosen not to receive the new medical treatment, I am all of a sudden treated as an outcast, labeled a 'racist' and 'misogynist', and as an undesirable person not fit to be seated with vaccinated people on an airplane," he said. "The COVID-19 vaccinated are allowed to travel by airplane and to see their families and the unvaccinated are not. This is not the Canada I know and love, and this type of segregation causes me utmost sadness."
Peckford laid out portions of the Charter that he believes are being violated. He also explained his role as the only first minister alive who was at the conference that helped draft the freedoms in the document.
"I've come to the conclusion now that I must – as a Canadian and as one of the writers and founders of the Constitution Act of 1982 – not only speak about it, I must act about it... because they have violated rights that I and others helped craft in 1981 and 1982."
Millions of unvaccinated Canadians already affected by travel ban
It was in October 2021 that the federal government announced that those who will be traveling by air, train or ship must take the requisite number of COVID-19 vaccines before they can travel. This mandate has already prevented approximately six million vaccine-free Canadians from traveling within Canada and overseas.
The evidence filed with the court showed that unvaccinated Canadians cannot enjoy privileges such as traveling to help sick loved ones, going to work, visiting family and friends, accessing health care outside of the country or taking international vacations.
Medical evidence that has been filed with the court ranges from scientific evidence about the spread of COVID-19 among both the vaccinated and unvaccinated, risks associated with taking new vaccines, adverse effects and the superiority of natural immunity. (Related: Canadian government sued over discriminatory air travel vaccine mandate.)
The Federal Court also consolidated action with the Justice Center and three other similar cases, brought by other unrelated parties who are also asking for the travel ban to be ruled unconstitutional. All of these applicants have asked the court to hear the case on an expedited basis due to the infringement of mobility and other rights.
"Canada's ban on unvaccinated flying is especially egregious given that Canada is the second-largest country in the world by land mass and Canadians have a far greater need to use air travel for work, family and health reasons than do the citizens of most other countries," said Keith Wilson, lead counsel on the case for Justice Center.
"Canadians have been losing hope in the Charter and our courts. We are going to put the best arguments and evidence forward so that the court can clarify where governments overstep."
The Canadian Civil Liberties Association (CCLA) also said in a statement that the charter guarantees autonomy over human bodies and their medical decision-making.
"Allowing the government to levy fines on those who do not agree with the government’s recommended medical treatment is a deeply troubling proposition. The government must provide clear and compelling evidence and demonstrate that there were no reasonable alternatives," the CCLA said.
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