Once again, we see our courts dismiss important Charter challenges as moot, despite the government indicating that vaccine mandates will be reinstated, if and when they deem them necessary. Despite the damage done to thousands of Canadians. Despite the importance of such a decision in determining where these policies stand within our Charter, or if they have been demonstrably justified, as is required by law.

A Charter case brought forward last year by the Justice Centre for Constitutional Freedoms, on behalf of a group of eight Ontario residents, was struck down as moot indicating that, since the mandates have ended, there is no longer any value to Canadians in pursuing an outcome.

They promptly filed an appeal, and we now have the decision from the Ontario Court of Appeal. In an appalling dismissal of the interests of all Canadians, they have upheld the previous decision and again dismissed the case as moot.

This case was brought forward by a diverse group of individuals, from a highly educated nurse expecting a child at the time that mandates were enforced, to a woman seriously injured by her first dose and too afraid to submit to more. From business owners appalled at having to discriminate against long-standing clients, to others suffering a variety of serious health issues that place them at high risk for adverse reactions.

The unbelievably narrow criteria offered for exemptions found every one of them denied, leaving some unable to receive regular treatments for existing debilitating illnesses, unable to work or forced to deny valued customers access, to avoid the threat of outrageous fines or jail time.

This is an incredible injustice to these plaintiffs and to all Canadians who have been negatively affected by the actions of our governments during the covid fiasco.

Meanwhile, the recent appeal of a similar case in BC is being allowed to move forward, with the Court of Appeal justices agreeing that “there is something to be gained by having this court consider the issue and provide some guidance”.

We sincerely hope that the outcome of this case will bring confidence back to the people of Canada.