Canadian Charter’s only living signatory sues Canada over travel mandates

Covid Health National

Canada is the only country in the developed world that has banned Covid vaccine-free travellers from air travel. The travel vaccination mandate has prevented approximately 6 million unvaccinated Canadians (15% of Canada’s population) from travel within Canada and prevents them from flying out of Canada.

As originally published by the Justice Centre for Constitutional Freedoms

On January 26, 2022, on behalf of Brian Peckford and five other claimants, the Justice Centre for Constitutional Freedoms filed a lawsuit in Federal Court seeking to strike down the federal government’s mandatory Covid-19 vaccine requirements for air travelers. The court action is on behalf of several Canadians from across Canada whose Charter rights and freedoms have been infringed.

On October 30, 2021, the federal government announced that anyone traveling by air, train, or ship, must be fully vaccinated. The travel vaccination mandate has prevented approximately 6 million unvaccinated Canadians (15% of Canada’s population) from travel within Canada and prevents them from flying out of Canada. Some of the Canadians involved in the lawsuit cannot travel to help sick loved ones, get to work, visit family and friends, take international vacations, and live ordinary lives.

The main applicant in the case is former Newfoundland Premier, The Honourable A. Brian Peckford. Mr. Peckford is the only surviving drafter and signatory First Minister, 40 years after the 1982 Constitution and the Charter of Rights and Freedoms was enacted.

“It is becoming more obvious that being vaccinated does not stop people from getting Covid and does not stop them from spreading it”, says the former Premier. “The government has not shown that the policy makes flying safer—it simply discriminates”, he notes. “When I heard Prime Minister Trudeau call the unvaccinated ‘racists,’ ‘misogynists, ‘anti-science’ and ‘extremist’ and his musing ‘do we tolerate these people?’ it became clear he is sowing divisions and advancing his vendetta against a specific group of Canadians—this is completely against the democratic and Canadian values I love about this country”, adds Mr. Peckford.

“The federal travel ban has segregated me from other Canadians.  It’s discriminatory, violates my Charter rights and that’s why I am fighting the travel ban,” explains Mr. Peckford.

The Justice Centre’s legal challenge cites violations of Charter rights including mobility, life, liberty and security of the person, privacy, and discrimination. The lawsuit also challenges whether the Minister of Transportation has the jurisdiction to use aviation safety powers to enforce public health measures.

In discussing effective border control measures at the start of the Covid-19 outbreak, Canada’s chief medical officer, Dr. Tam, said: “As you move further away from that epicentre, any other border measures are much less effective. Data on public health has shown that many of these are actually not effective at all… WHO advises against any kind of travel and trade restrictions, saying that they are inappropriate and could actually cause more harm than good in terms of our global effort to contain.” (Canada House of Commons, Standing Committee on Health Meeting, February 5, 2020)

The World Health Organization (“WHO”) continues to maintain that position and on January 19, 2022, urged all countries to: “Lift or ease international traffic bans as they do not provide added value and continue to contribute to the economic and social stress experienced by States Parties. The failure of travel restrictions introduced after the detection and reporting of Omicron variant to limit international spread of Omicron demonstrates the ineffectiveness of such measures over time.” The WHO repeated that countries should: “not require proof of vaccination against COVID-19 for international travel.” (World Health Organization, Statement on the tenth meeting of the International Health Regulations (2005) Emergency Committee regarding the coronavirus disease (COVID-19) pandemic, January 19, 2022.) 

“Despite the confirmed science that the vaccine does not stop people from getting or spreading the virus and the repeated warnings from the WHO, it’s clear the federal government is out of step and arbitrarily restricting Canadians fundamental rights and freedoms,” says Keith Wilson, Q.C., lead counsel for the legal challenge. “It is profoundly disturbing that a marginalized group in Canada—the unvaccinated—are essentially prohibited from leaving the country,” he adds.

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,” concludes Mr. Wilson.

The court will be asked to hear the case on an expedited basis given the serious infringement on Canadians’ mobility and other rights.  Canada is the only country in the developed world that has banned Covid vaccine-free travellers from air travel.

Notice of Application, Filed and Served

1 thought on “Canadian Charter’s only living signatory sues Canada over travel mandates

  1. Mr. Peckford, you give far too little and way too late.
    The Notwithstanding Clause of the Charter is all that Justine needs to screw us all. Frontwards, backwards or upside down as he so chooses. Any time and any place.
    Like on Parliament Hill with a peaceful demonstration of the violation or our rights. Instead of upholding the rights of Canadians, which supposedly was the purpose of the Charter according to his father and others, LIKE YOU, it has been used to indenture us and pillory us to no end.
    You are either a wolf in sheep ‘s clothes or a Nazi sympathizer like Trudeau. Or both!
    The Charter should have been rejected by Canadians in 1982 as by 1984, yes, Orwell’s 1984, Canada’s business and government marriage had become an orgy gorging on the flesh of average Canadians. THEN we got in bed with every other fascist on earth. Now we have Santa Claus Scwabb and Justine in bed together with fascist sympathizers all over the world. Or, across the hall if you want to count the real PM of Canada. ‘Freeland’, and what a joke of a name for a woman raping her fellow women, and men, the hardworking Citizens of Canada, and most especially the Citizens of all the Earth who came here, also, to build a better life.
    Within a very short time, with no housing available, unless you have a half or whole million for a condo, immigrants will tell their friends and relatives back home. Stay away. It’s a trap. They lied to us and now they lie to you. Don’t come to Canada. It has become a wicked place where everyone is afraid. We will be leaving soon.
    Let’s not bring into the equation the Premier of Ontario, then and now, of utterly condemning the disenfranchised to lives of poverty, drug addiction and decay while on the streets. You, Mr. Premier, you, Mr. Prime Minister, you deserve to live in the streets and so you shall. How far the proud and arrogant fall to their doom. Like that bitch / witch Satan.
    Capitalism, then democracy, then Socialism has turned to Fascism across the face of a once great country of people who worked hard to cultivate the land and manage the resources. Today the ministries of resources, including ministering over people, are all devils, SATAN incarnate, raping the land and the people for all they can get.
    You and your minions are cursed to the grave that awaits you. Your ignoble name will be remembered no more.
    Within less than a two very short years Citizens of Earth, who put up with these unrighteous vipers, will pray for death rather than endure what this debacle will descend to.
    Disease, Famine, War already spreading across the face of the Earth. Death follows close behind.
    Within months you will begin to see clearly ‘the writing is written on the wall’ for all.

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