Supreme Court of Canada dismisses Maxime Bernier's appeal in COVID-19 vaccine travel mandate case

Ottawa, Ontario – The Supreme Court of Canada has dismissed an appeal filed by Maxime Bernier, leader of the People’s Party of Canada, challenging the federal government’s COVID-19 travel vaccine mandate. The Court's decision effectively ends the legal battle, which questioned the constitutionality of the travel restrictions imposed during the pandemic.

Maxime Bernier, alongside other prominent figures, including former Newfoundland and Labrador Premier Brian Peckford, launched a legal challenge against the federal government’s travel restrictions in 2022, which required proof of COVID-19 vaccination for air and rail travel within the country.

Bernier and his co-applicants argued that the mandates infringed on Canadians' mobility rights as guaranteed by the Canadian Charter of Rights and Freedoms. They claimed that these restrictions not only limited their ability to travel freely within the country but also undermined their political activities, particularly for Bernier, who needed to travel extensively to engage with voters across Canada.

The case first went to the Federal Court, where it was dismissed as "moot" after the government lifted the travel mandates in June 2022. The court reasoned that since the mandates were no longer in effect, there was no longer a live issue to resolve. Bernier and his legal team contended that the case still held significant public interest, arguing that the legality of such mandates needed to be clarified to prevent similar issues in the future.

Despite their arguments, the Federal Court of Appeal upheld the lower court’s decision in November 2023, reaffirming that the case was moot and did not warrant further judicial review.

The final attempt to bring the case before the Supreme Court was denied today, with the Court refusing to grant leave to appeal. This dismissal leaves the Federal Court of Appeal’s decision intact, closing the door on further legal challenges to the travel vaccine mandate. The Supreme Court awarded costs to the Attorney General of Canada.