The Justice Centre for Constitutional Freedoms (JCCF) filed a constitutional challenge in the Supreme Court against the government for their mandatory application of the ArriveCAN app. Regrettably, with the mandate withdrawn at the time the case was heard, the argument was declared moot, and the case was dismissed.

They then filed an appeal ending with the Federal Court expressing full agreement with the original judgement and refusing to proceed further.

The JCCF has decided not to pursue further appeals. They stated “the Federal Court has demonstrated…that it is not willing to consider the egregious violations of the Charter right (to leave and re-enter Canada freely). After abundant and extensive evidence had been tendered…the Federal Court has declared these challenges to be moot, even though serious constitutional issues cry out for resolution. Given (recent decisions), moving forward with further appeals is highly unlikely to produce positive results.”

Although this marks the end of one case, all is not lost. They went on to explain their intent to pursue these constitutional issues in the provincial courts, challenging fines issued to those who declined the ArriveCAN app. In their words, “the fact that a Canadian citizen is being prosecuted for violating a law means that the law is effectively still in force, and therefore not moot.”

The government has placed supporters in key positions within our justice system specifically to support their mandates, no matter how unethical. Case after case, these individuals continue to find ‘no issue’ with the actions of our government, despite long-held case law supporting our Charter rights as the cornerstone of our democracy.

Yet there are cracks forming in Trudeau’s armour of supporters; those realizing they’ve backed the wrong person at the cost of their own integrity. It is a slow progression requiring tenacity to find those willing to uphold our laws in the way they were intended.

We applaud the JCCF and others willing to push forward in this, and we stand with them as they strive to bring honesty and transparency back to our systems of law and governance.

To read the article written by the Justice Centre for Constitutional Freedoms, click here