COVID-19
Supreme Court of Canada Fails to Defend Freedom by Refusing to Hear Travel Mandate Cases

From The Opposition with Dan Knight
The Court’s Refusal to Hear Vaccine Mandate Challenges Shows a Troubling Endorsement of Government Overreach
Let’s call this what it is: a shocking abandonment of judicial duty and a blatant disregard for Canadians’ fundamental rights. The Supreme Court of Canada has just refused to hear two critical cases that challenged the federal COVID vaccine travel mandate. This isn’t just a legal technicality. It’s a clear message from the highest court in the land: “We’re not interested in defending your freedoms. We’d rather sidestep controversy and protect government overreach.”
The cases in question, Peckford et al. v. Canada and Hon. Maxime Bernier v. Canada, were crucial tests of the limits of government power. The Honourable Brian Peckford, the last living signer of the Canadian Charter of Rights and Freedoms, and Maxime Bernier, leader of the People’s Party of Canada, stood up to challenge the draconian mandates that the Trudeau government imposed. These mandates effectively barred unvaccinated Canadians from traveling — a blatant violation of mobility rights under the Charter. Yet, the Supreme Court has chosen to declare these cases “moot,” arguing that since the mandates have been lifted, there’s no point in reviewing their legality.
Judicial Evasion: A Dangerous Precedent
Let’s be clear: the court’s decision to duck out of these cases isn’t just a mistake; it’s a dangerous precedent. By labeling the cases moot, the Supreme Court has effectively allowed the government to evade scrutiny of its actions. This is nothing short of judicial cowardice. The government can impose sweeping restrictions, violate Charter rights, and then simply withdraw those measures to avoid legal accountability. It’s a dirty trick, and the Supreme Court just endorsed it.
Consider this: the vaccine mandate was not based on any scientific evidence or medical advice. This isn’t speculation; it’s fact. Under cross-examination, a government bureaucrat admitted as much. The mandate was a political decision, plain and simple, driven by the whims of Justin Trudeau and his Cabinet. And now, the Supreme Court has decided that Canadians don’t deserve to know whether these actions were lawful.
A Government Out of Control
At the heart of this issue is a government that believes it is above the law. The Trudeau administration imposed these mandates without proper justification, effectively restricting the movement of millions of Canadians and trampling on their rights. The Minister of Transport even threatened to reinstate the mandates “without hesitation” — an ominous warning that should have alarmed every freedom-loving citizen.
The applicants in these cases argued that the doctrine of mootness should not apply when emergency orders are designed to evade judicial review. They were right. Emergency orders, unlike legislation, are decreed by the Cabinet and protected by Cabinet privilege. This means Canadians are kept in the dark about the real reasons behind these decisions. The Supreme Court had a duty to shine a light on this abuse of power, but it chose darkness instead.
A Call to Action
This decision isn’t just a legal defeat; it’s a moral failure. It’s a signal that in Canada, your rights can be violated, and the government won’t be held accountable. Canadians should be outraged. If the courts won’t defend our freedoms, who will? The Justice Centre for Constitutional Freedoms has been one of the few voices standing up for Canadians’ rights, but they can’t do it alone. It’s time for every Canadian to demand better — from their government, from their courts, and from their country.
We cannot allow this to stand. The Supreme Court’s refusal to hear these cases damages not just the legal system but the very fabric of Canadian democracy. This is not the end of the fight; it is only the beginning. The question remains: will Canada continue down this path of unchecked government overreach, or will the people rise up to reclaim their rights?
One thing is clear: the stakes have never been higher. We must hold our leaders and our courts accountable. Freedom is not just a word — it’s a way of life. And it’s a way of life that’s worth fighting for.
COVID-19
Chris Barber asks Court to stay proceedings against him

Chris Barber leaves the courthouse in Ottawa after the verdict was delivered in his trial with fellow Freedom Convoy organizer Tamara Lich, on Thursday, April 3, 2025. (Photo credit: THE CANADIAN PRESS/Justin Tang)
“Chris Barber consistently followed the legal advice that he received from police officers, lawyers, and a Superior Court judge.”
The Justice Centre for Constitutional Freedoms announces that Chris Barber has asked the Ontario Court of Justice for a stay of proceedings against him. He argues that the legal advice given to him by police officers, lawyers, and a Superior Court judge during the Freedom Convoy was erroneous and that, as a result, the Crown is not entitled to convict him.
On April 3, 2025, Justice Heather Perkins-McVey of the Ontario Court of Justice found Mr. Barber guilty of mischief and of counselling others to breach a court order. That decision followed upon a lengthy 45-day trial stretching from September 2023 to September 2024.
Diane Magas, Chris Barber’s lawyer, filed a Stay of Proceedings Application with the Court on April 16, 2025. In that Application, Mr. Barber and his legal team argue that he did, in fact, seek legal advice regarding his actions during the Freedom Convoy protest.
For example, he followed Ottawa Police Services directions on where to park trucks in downtown Ottawa. When an officer asked him to move his truck, “Big Red,” from downtown Ottawa, he moved it. On February 7 and 16, 2022, his lawyer at the time advised him that Justice Maclean of the Superior Court had confirmed that the protest could continue so long as it continued to be peaceful and safe.
In essence, Chris Barber and his legal team are now arguing that he followed all legal advice that was given to him in 2022, but that some of the legal advice he was given turned out to be erroneous.
His Application argues for a stay of proceedings against him on the grounds that “he sought advice from lawyers, police officers, and a Superior Court Judge on the legality of the protest he was involved in.”
This Application was filed one day after Chris Barber was informed that the Crown was pursuing a two-year prison sentence against him. In an April 15 Facebook post, Mr. Barber wrote, “My family got bad news today. The Crown prosecutor wants to lock Tamara Lich and me in prison for two years-for standing up for freedom. They also want to [seize] my truck, Big Red, and crush her like she’s just scrap metal or sell it at auction.”
If the Application is successful, Mr. Barber would not see prison time, nor would his truck be seized.
“Throughout the peaceful Freedom Convoy, Chris Barber did what any law-abiding Canadian would do: seeking out and acting upon the best legal advice available to him,” stated John Carpay, President of the Justice Centre. “Chris Barber consistently followed the legal advice that he received from police officers, lawyers, and a Superior Court judge.”
“To hold a well-meaning man behind bars for two years and to confiscate his property, as is now demanded by the Crown, would bring the administration of justice into disrepute,” Mr. Carpay continued. “Crown prosecutors are painting a portrait of a dangerous criminal, even while Chris Barber sought out and followed legal advice when participating in the Freedom Convoy in Ottawa in 2022. Chris worked within the law when peacefully exercising his Charter freedoms of expression, assembly and association.”
COVID-19
Tamara Lich and Chris Barber trial update: The Longest Mischief Trial of All Time continues..

Here are the last two posts on Tamara Lich’s Substack posted April 16 and April 17:
April 17:
We weren’t able to secure a date yesterday for the sentencing hearing and instead another ‘speak to’ was set for April 28. In addition to time needed to enter numerous impact statements (coincidentally and conveniently comprised of individuals suing us for $300,000,000.00), the Crown has added a forfeiture order to seize Big Red which will add significant time to argue. Therefore I suspect all parties will need to find 4-5 days in their schedules for the sentencing hearing.
The Crown is also seeking two years in federal prison for each of us.
Three days were tentatively set aside at the end of May for a Stay of Proceedings application put forth yesterday by Ms. Magus on Chris’ behalf.
And so The Longest Mischief Trial of All Time continues to plod along, still no end in sight.
April 16:
In our trial, the longest mischief trial of all time, we set hearing dates to set hearing dates.
There will be a ‘speak to’ this afternoon to set a date for the sentencing hearing which we think will take 3-4 days. Following that hearing, Chris and I will return to Ottawa again for the actual sentence.
The Crown is seeking 2 years in a federal penitentiary for both of us, plus they have decided to file an application to confiscate Big Red. Funny, there hasn’t been a single other convoy case in which the Crown demanded that persons property or vehicle, yet they seem to want Big Red. You need to ask yourself why.
Chris raised his children in that truck, changed their diapers in that truck, had his old dog, Buddy, put to sleep in the passenger seat when his time came because that was Buddy’s favourite place in the world.
This is not about the rule of law.
It’s about crushing a Canadian symbol of Hope, Pride & Unity
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