Once again, we see the timely suspension of federal mandates provide the excuse of ‘muteness’ for courts to refuse to hear lawsuits aimed at addressing government overreach; with mandates no longer being enforced, the argument is deemed ‘mute’ in that there is no longer a ‘live controversy’ between parties.

A recent example reported by the Justice Centre for Constitutional Freedoms outlines the Federal Court of Appeal supports of the Supreme Court decision to dismiss lawsuits requesting judicial review of federal mandates that forced Canadians into quarantine hotels, against their will and at their own cost.

The government understood there was little expectation quarantines would control the spread of an already ubiquitous virus. This mandate, like so many others, was clearly a political and vindictive action aimed at Canadians.

The concept that we should dismiss a wrongdoing that has already happened because the chance of it happening again has lessened, is absurd. This supports the government’s ability to get away with anything, if they withdraw (suspend) the offending action before it makes its way through the court process. It is this strategy that provides officials with a clear-cut way out, knowing they will never have to answer for the gross overreach. The court could have chosen to hear the appeal as a matter of public interest, despite of the lack of a live controversy between parties.

JCCF summarized their disappointment: this “permits government actions that severely violated Canadians’ Charter rights to go unaddressed simply because of the passage of time” and allows “governments to continue with future unprecedented and draconian measures without judicial checks and balances”, “preventing them from being properly adjudicated through the court system”.

Our Charter exists to define the obligatory rights of individuals and provide a means of standing against potential tyranny in government. Police on Guard continues to defend the rule of law and our Charter of Rights and Freedoms for all. We cannot stand by and watch the continued destruction of our country.

To read the article written by the JCCF, click here