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.
From LifeSiteNews
A judge ruled that the Ontario Court of Justice is already ‘satisfied’ with Chris Barber’s sentence and taking away his very livelihood would be ‘disproportionate.’
A Canadian judge has dismissed a demand from Canadian government lawyers to seize Freedom Convoy leader Chris Barber’s “Big Red” semi-truck.
On Friday, Ontario Court of Justice Judge Heather Perkins-McVey denied the Crown’s application seeking to forfeit Barber’s truck.
She ruled that the court is already “satisfied” with Barber’s sentence and taking away his very livelihood would be “disproportionate.”
“This truck is my livelihood,” said Barber in a press release sent to LifeSiteNews.
“Trying to permanently seize it for peacefully protesting was wrong, and I’m relieved the court refused to allow that to happen,” he added.
Criminal defense lawyer Marwa Racha Younes was welcoming of the ruling as well, stating, “We find it was the right decision in the circumstances and are happy with the outcome.”
John Carpay, president of the Justice Centre for Constitutional Freedoms (JCCF), said the decision is “good news for all Canadians who cherish their Charter freedom to assemble peacefully.”
READ: Freedom Convoy protester appeals after judge dismissed challenge to frozen bank accounts
“Asset forfeiture is an extraordinary power, and it must not be used to punish Canadians for participating in peaceful protest,” he added in the press release.
As reported recently by LifeSiteNews, the Canadian government claimed that Barber’s truck is an “offence-related property” relating to his involvement in the 2022 protests against Canada’s COVID mandates.
At this time, the court ruling ends any forfeiture proceedings for the time being, however Barber will continue to try and appeal his criminal conviction and house arrest sentence.
Barber’s truck, a 2004 Kenworth long-haul he uses for business, was a focal point in the 2022 protests. He drove it to Ottawa, where it was parked for an extended period of time, but he complied when officials asked him to move it.
On October 7, 2025, after a long trial, Ontario Court Justice Perkins-McVey sentenced Barber and Tamara Lich, the other Freedom Convoy leader, to 18 months’ house arrest. They had been declared guilty of mischief for their roles as leaders of the 2022 protest against COVID mandates, and as social media influencers.
Lich and Barber have filed appeals of their own against their house arrest sentences, arguing that the trial judge did not correctly apply the law on their mischief charges.
Government lawyers for the Crown have filed an appeal of the acquittals of Lich and Barber on intimidation charges.
The pair’s convictions came after a nearly two-year trial despite the nonviolent nature of the popular movement.
From LifeSiteNews
Protestor Evan Blackman’s legal team argues Trudeau’s Emergencies Act-based bank account freezes were punitive state action tied directly to protest participation.
A Freedom Convoy protester whose bank accounts were frozen by the Canadian government says a judge erred after his ruling did not consider the fact that the funds were frozen under the Emergencies Act, as grounds for a stay of proceedings.
In a press release sent out earlier this week, the Justice Centre for Constitutional Freedoms (JCCF) said that Freedom Convoy protestor Evan Blackman will challenge a court ruling in his criminal case via an appeal with the Ontario Superior Court of Justice.
“This case raises serious questions about how peaceful protest is treated in Canada and about the lasting consequences of the federal government’s unlawful use of the Emergencies Act,” noted constitutional lawyer Chris Fleury. “The freezing of protestors’ bank accounts was part of a coordinated effort to suppress dissent, and courts ought to be willing to scrutinize that conduct.”
Blackman was arrested on February 18, 2022, during the police crackdown on Freedom Convoy protests against COVID restrictions, which was authorized by the Emergencies Act (EA). The EA was put in place by former Prime Minister Justin Trudeau’s Liberal government, which claimed the protests were violent, despite no evidence that this was the case.
Blackman’s three bank accounts with TD Bank were frozen due to his participation in the Freedom Convoy, following a directive ordered by Trudeau.
As reported by LifeSiteNews, in November of this year, Blackman was convicted at his retrial even though he had been acquitted at his original trial. In 2023, Blackman’s “mischief” and “obstructing police” charges were dismissed by a judge due to lack of evidence and the “poor memory of a cop regarding key details of the alleged criminal offences.”
His retrial resulted in Blackman getting a conditional discharge along with 12 months’ probation and 122 hours of community service, along with a $200 victim fine surcharge.
After this, Blackman’s application for a stay of proceedings was dismissed by the court. He had hoped to have his stay of proceedings, under section 24(1) of the Charter of Rights and Freedoms, allowed. However, the judge ruled that the freezing of his bank accounts was legally not related to his arrest, and because of this, the stay of proceedings lacked standing.
The JCCF disagreed with this ruling, noting, it “stands in contrast to a Federal Court decision finding that the government’s invocation of the Emergencies Act was unreasonable and violated Canadians’ Charter rights, including those targeted by the financial measures used against Freedom Convoy protestors.”
As of press time, a hearing date has not been scheduled.
In 2024, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the Emergencies Act.
In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s federal government enacted the EA in mid-February.
After the protesters were cleared out, which was achieved through the freezing of bank accounts of those involved without a court order as well as the physical removal and arrest of demonstrators, Trudeau revoked the EA on February 23, 2022.
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