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Federal appeals court rejects challenge against Canada’s COVID vaccine travel mandate as ‘moot’

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From LifeSiteNews

By Anthony Murdoch

People’s Party of Canada leader Maxime Bernier, former Newfoundland and Labrador premier Brian Peckford, and eight others contended citizens’ mobility charter rights were violated, but the case was dismissed because the restrictions are no longer in place.

The Canadian Federal Court of Appeal dismissed as “moot” a legal challenge initiated against the federal government of Prime Minister Justin Trudeau over its COVID jab travel mandates that banned the vaccine free from travel.

The legal challenge was initiated by People’s Party of Canada leader Maxime Bernier, former Premier of Newfoundland and Labrador Brian Peckford, and eight others who said Trudeau’s mandates violated one’s mobility charter rights.

In a judgment issued November 9, Justice George R. Locke of the appeals court, on behalf of two other judges, ruled that the case was “moot for lack of live controversy” as the COVID travel jab mandates are no longer in effect.

“For the foregoing reasons, I would dismiss all of the present appeals,” the judge wrote.

Bernier and Peckford’s lawyers had argued that their case had merit, despite the travel COVID jab mandates being gone, as they could be reintroduced at a moment’s notice.

The appeals court did note that while COVID travel vaccine mandates may be reintroduced in the future, this was “highly speculative.”

Bernier, who was a strong supporter of the Freedom Convoy and did not get the COVID shots, said he was “very disappointed” in the court ruling but vowed to continue the fight against the “unjust” mandates.

“I am very disappointed but not at all surprised by this decision considering the types of slanted questions and comments that the judges made during our hearing a month ago,” Bernier wrote November 9 on X (formerly Twitter).

“I will speak to my colleague Brian Peckford and the other appellants to determine our next step. I will continue to do everything I can to fight these unjust travel mandates and make sure they are never implemented again.”

The legal challenge made headlines as Peckford is the last living signatory to the Canadian Charter of Rights and Freedoms, which came into force in 1982.

In November 2021, the Trudeau government introduced COVID jab travel mandates, which remained in place until June 2022.

In October 2022, the Canadian federal court ruled Bernier and Peckford’s and the others court case as “Moot” in light of the federal government dropping COVID mandates in the same month.

Later, in April 2023, Bernier and Peckford, with the help of the JCCF, along with the others in the case filed an appeal in the “mootness” ruling.

JCCF said case was important as COVID travel jab mandates were a ‘Egregious infringement of Canadians’ mobility rights’

Last month, the Federal Court of Appeal in Ottawa heard Bernier and Peckford’s and the others’ court case. JCCF president John Carpay noted at the time that the case was important as well as unique.

“There has never been a more egregious infringement of Canadians’ mobility rights than what occurred due to the unconstitutional and unlawful travel vaccine mandates,” Carpay observed.

“For the Federal Court to find that it is not in the public interest to determine whether the Federal Government acted lawfully in prohibiting 5 million Canadians from flying across the country and internationally to see family members is a grave injustice that the Federal Court of Appeal ought to remedy.”

In September 2022, Bernier thanked all Canadian “freedom fighters” who protested against COVID mandates of all kinds after a federal travel jab mandate for air travel was dropped.

Bernier, who is a former MP and cabinet minister with the Conservative Party of Canada (CPC) before creating the PPC in 2018, was one of the most outspoken politicians against the COVID mandates. He would frequently criticize his former party for not speaking out against the mandates.

Eventually, the CPC under its new leader Pierre Poilievre, but after the mandates had been lifted, began to speak out against Trudeau’s mandates.

A recent bill championed by Conservative Party of Canada (CPC) leader Pierre Poilievre that would have given Canadians back their “bodily autonomy” by banning future jab mandates was voted down yesterday Trudeau’s Liberals and all other parties rejected it.

In October 2021, Trudeau announced unprecedented COVID-19 jab mandates for all federal workers and those in the transportation sector and said the unjabbed would no longer be able to travel by air, boat, or train both domestically and internationally.

This policy resulted in thousands losing their jobs or being placed on leave for non-compliance. It also trapped “unvaccinated” Canadians in the country.

During the so-called COVID pandemic, Trudeau referred to those who chose not to get the experimental COVID shots as terrible people.

In 2021, Trudeau said Canadians “vehemently opposed to vaccination” do “not believe in science,” are “often misogynists, often racists,” and even questioned whether Canada should continue to “tolerate these people.”

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New report warns Ottawa’s ‘nudge’ unit erodes democracy and public trust

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms has released a new report titled Manufacturing consent: Government behavioural engineering of Canadians, authored by veteran journalist and researcher Nigel Hannaford. The report warns that the federal government has embedded behavioural science tactics in its operations in order to shape Canadians’ beliefs, emotions, and behaviours—without transparency, debate, or consent.

The report details how the Impact and Innovation Unit (IIU) in Ottawa is increasingly using sophisticated behavioural psychology, such as “nudge theory,” and other message-testing tools to influence the behaviour of Canadians.

Modelled after the United Kingdom’s Behavioural Insights Team, the IIU was originally presented as an innocuous “innovation hub.” In practice, the report argues, it has become a mechanism for engineering public opinion to support government priorities.

With the arrival of Covid, the report explains, the IIU’s role expanded dramatically. Internal government documents reveal how the IIU worked alongside the Public Health Agency of Canada to test and design a national communications strategy aimed at increasing compliance with federal vaccination and other public health directives.

Among these strategies, the government tested fictitious news reports on thousands of Canadians to see how different emotional triggers would help reduce public anxiety about emerging reports of adverse events following immunization. These tactics were designed to help achieve at least 70 percent vaccination uptake, the target officials associated with reaching “herd immunity.”

IIU techniques included emotional framing—using fear, reassurance, or urgency to influence compliance with policies such as lockdowns, mask mandates, and vaccine requirements. The government also used message manipulation by emphasizing or omitting details to shape how Canadians interpreted adverse events after taking the Covid vaccine to make them appear less serious.

The report further explains that the government adopted its core vaccine message—“safe and effective”—before conclusive clinical or real-world data even existed. The government then continued promoting that message despite early reports of adverse reactions to the injections.

Government reliance on behavioural science tactics—tools designed to steer people’s emotions and decisions without open discussion—ultimately substituted genuine public debate with subtle behavioural conditioning, making these practices undemocratic. Instead of understanding the science first, the government focused primarily on persuading Canadians to accept its narrative. In response to these findings, the Justice Centre is calling for immediate safeguards to protect Canadians from covert psychological manipulation by their own government.

The report urges:

  1. Parliamentary oversight of all behavioural science uses within federal departments, ensuring elected representatives retain oversight of national policy.
  2. Public disclosure of all behavioural research conducted with taxpayer funds, creating transparency of government influence on Canadians’ beliefs and decisions.
  3. Independent ethical review of any behavioural interventions affecting public opinion or individual autonomy, ensuring accountability and informed consent.

Report author Mr. Hannaford said, “No democratic government should run psychological operations on its own citizens without oversight. If behavioural science is being used to influence public attitudes, then elected representatives—not unelected strategists—must set the boundaries.”

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Freedom Convoy protestor Evan Blackman convicted at retrial even after original trial judge deemed him a “peacemaker”

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Evan Blackman and his son at a hockey game 

Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that peaceful Freedom Convoy protestor Evan Blackman has been convicted of mischief and obstructing a peace officer at the conclusion of his retrial at the Ontario Court of Justice, despite being fully acquitted on these charges at his original trial in October 2023.

The Court imposed a conditional discharge, meaning Mr. Blackman will have no jail time and no criminal record, along with 12 months’ probation, 122 hours of community service, and a $200 victim fine surcharge.

The judge dismissed a Charter application seeking to have the convictions overturned on the basis of the government freezing his bank accounts without explanation amid the Emergencies Act crackdown in 2022.

Lawyers funded by the Justice Centre had argued that Mr. Blackman acted peacefully during the enforcement action that followed the federal government’s February 14, 2022, invocation of the Emergencies Act. Drone footage entered as evidence showed Mr. Blackman deescalating confrontations, raising his hand to keep protestors back, and kneeling in front of officers while singing “O Canada.” The original trial judge described Mr. Blackman as a “peacemaker,” and acquitted him on all charges, but the Crown challenged that ruling, resulting in the retrial that has now led to his conviction.

Mr. Blackman was first arrested on February 18, 2022, during the police action to clear protestors from downtown Ottawa. Upon his release that same day, he discovered that three of his personal bank accounts had been frozen under the Emergency Economic Measures Order. RCMP Assistant Commissioner Michel Arcand later confirmed that 257 bank accounts had been frozen nationwide under the Emergencies Act.

Constitutional lawyer Chris Fleury said, “While we are relieved that Mr. Blackman received a conditional discharge and will not carry a criminal record, we remain concerned that peaceful protestors continue to face disproportionate consequences stemming from the federal government’s response in February 2022.”

“We are disappointed that the Court declined to stay Mr. Blackman’s convictions, which are tainted by the serious infringements of his Charter-protected rights. Mr. Blackman is currently assessing whether he will be appealing this finding,” he added.

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