Supreme Court won't hear Maxime Bernier's appeal over vaccine mandates for air travellers

The Supreme Court of Canada will not hear People's Party Leader Maxime Bernier and former Progressive Conservative premier of Newfoundland Brian Peckford's appeals over the vaccine mandate imposed on air travellers during the COVID-19 pandemic.

From Nov. 30, 2021, to June 20, 2022, all air and rail passengers travelling within Canada or leaving Canada were required to be fully vaccinated for COVID-19.

Bernier and Peckford filed judicial reviews taking issue with those rules, but the mandateswere suspended before a hearings could take place.

The Federal Court struck down the judicial review applications on the basis that the issue had become moot, ruling that hearing a review of a mandate that no longer existed was not warranted.

The Federal Court of Appeal also dismissed the cases in a decision that said the Federal Court had "correctly identified the approach on a motion to strike for mootness," according to a Supreme Court summary of the case.

The Supreme Court of Canada was asked to consider whether the conditions used to reject a hearing on issues that had become mootshould be altered in the context of emergency orders issued by the government.

On Thursday, the Supreme Court of Canada declined to hear appeals for either cases.

"I'm extremely disappointed by the Supreme Court of Canada's decision to dismiss our appeal in the case against the tyrannical Liberal travel ban for the unvaccinated," Bernier said on X Thursday.

Allison Pejovic, the counsel for both cases, said in a statement that the decision from the top court has denied Canadians "the right to know whether the federal government acted lawfully in preventing [both men] from travelling...

"Deeming cases challenging draconian emergency orders that harmed millions of Canadians moot damages confidence in the justice system and undermines the rule of law," said the statement.

Bernier's history ofchallenging pandemic orders

Bernier has a history of unsuccessfully challenging pandemic public health orders. Last year he was ordered to pay more than $2,000 in fines after admitting to twice violating public health orders in Manitoba.

The People's Party of Canada leader was charged in June 2021 for attending rallies with more people than allowed at the time under COVID-19 pandemic restrictions in Manitoba.

Last year,Bernier was also convicted of violating Saskatchewan's public safety rules during the pandemic.

Bernier and six others were found guilty in connection with what was advertised as a "freedom rally" in Regina in 2021. At the time, there was a public health order in effect banning outdoor gatherings of more than 10 people.

Police presented evidence that more than 200 people attendedthe protest at the cenotaph in Victoria Park on May 8, 2021, and Bernier was among the promoted speakers.