COVID-19
Supreme Court declines to hear Covid vaccine travel mandate cases
From the Justice Centre for Constitutional Freedoms
At the time the federal government rescinded the vaccine travel mandate, the Minister of Transport had threatened to bring back the mandate without hesitation.
The Justice Centre for Constitutional Freedoms is disappointed to announce that the Supreme Court of Canada has declined to hear the appeals in two cases that challenged the federal Covid vaccine travel mandate. The cases are Peckford et al. v. Canada and Hon. Maxime Bernier v. Canada.
The Justice Centre supported Applicants in both cases. The Applications for Leave to Appeal to the Supreme Court of Canada were filed separately.
The Hon. Brian Peckford, former Premier of Newfoundland and Labrador, was an applicant in one case, along with five others. Mr. Peckford is the last living signer of the Canadian Charter of Rights and Freedoms. The other case was brought by the Hon. Maxime Bernier, the leader of the People’s Party of Canada.
In both cases, the Federal Court held the issues were moot because the vaccine travel mandate had been rescinded after the cases had been filed and cross-examination had occurred, but prior to the court hearings. Dismissing a case as moot means that the court has found that its decision will not have a practical effect and that it is not worth the time and effort to decide the case otherwise.
In regard to the Covid vaccine travel mandate, however, at the time the federal government rescinded the vaccine travel mandate, the Minister of Transport had threatened to bring back the mandate without hesitation.
The Applicants argued that the doctrine of mootness ought to be reconsidered by the Supreme Court because emergency orders by their nature are evasive of review, resulting in no oversight by courts or elected legislators.
Hearing these cases would have allowed the Supreme Court to determine whether it is appropriate to allow governments to evade judicial scrutiny of their decisions made through emergency orders. Unlike legislation passed by Parliament, emergency orders are made through Cabinet orders and are protected by Cabinet privilege, meaning Canadians cannot learn the reasoning behind the decisions.
Lawyer Allison Pejovic says, “This case was of paramount importance to all Canadians, and they have been denied the right to know whether the federal government acted lawfully in preventing them from travelling and leaving the country based on their refusal to take a novel medication that failed to prevent transmission of Covid, and that has caused death and serious harm to many people worldwide. Deeming cases challenging draconian emergency orders that harmed millions of Canadians moot damages confidence in the justice system and undermines the rule of law.”
Background
On August 13, 2021, the federal government announced its intention of implementing a vaccine requirement for travelling on planes, trains or ships. The government, led by Prime Minister Justine Trudeau, did this two days before announcing a federal election, essentially making it an election promise. After winning a minority in Parliament, the Minister of Transport implemented the mandate on November 30, 2021.
Both the Peckford and Bernier cases asked the Federal Court to strike down the mandate as a breach of Charter sections 2, 6, 7, 8 and 15. The most significant breach was to Charter section 6, mobility rights. All applicants were essentially barred from travelling across Canada in any practical manner and could not leave the country. In Mr. Bernier’s case, this meant he was essentially barred from campaigning.
Of note, on cross examination a government bureaucrat admitted she did not receive any medical advice to implement such a mandate. It was done solely on the direction from the Minister of Transport and the federal Cabinet.
Just a few days after cross examinations concluded, the government ended the mandate on June 20, 2022. Both cases were dismissed by the Federal Court as moot in October 2022. The subsequent Appeals were dismissed by the Federal Court of Appeal.
COVID-19
New report warns Ottawa’s ‘nudge’ unit erodes democracy and public trust
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:
- Parliamentary oversight of all behavioural science uses within federal departments, ensuring elected representatives retain oversight of national policy.
- Public disclosure of all behavioural research conducted with taxpayer funds, creating transparency of government influence on Canadians’ beliefs and decisions.
- 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.”
COVID-19
Freedom Convoy protestor Evan Blackman convicted at retrial even after original trial judge deemed him a “peacemaker”
Evan Blackman and his son at a hockey game
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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