The appeal on the legality of the Ontario vaccine passport is null and void, according to a judge

The appeal on the legality of the Ontario vaccine passport is null and void, according to a judge

The mandatory document that came into force last September has not been in use since March.

This poster, which had been put up in the food court of a mall, explains that vaccine proof is required to enter.

The Legal Center for Constitutional Liberties, which challenged the constitutionality of Ontario's vaccine passport, was unable to present its case. The judge agreed with the government, which claimed that the cause had become obsolete since the abolition of this mandatory measure.

The Alberta-based Legal Center for Constitutional Liberties was set to represent 8 Ontarians in court on Tuesday who claim their Canadian Charter rights were violated when the vaccine passport came into effect in Ontario in September 2021. /p>

The Crown had presented in extremis before the hearing a request on the uselessness of holding a session on this subject, since the vaccine passport is no longer valid in Ontario. The hearings were held by videoconference.

The 8 complainants alleged that they were prevented from entering certain public spaces and that they were deprived of their daily activities. However, the passport they are still contesting was canceled in March 2022 by the Ford government.

An example of the vaccine passport of Ontario.

At the time, the Ontario passport was the sesame for anyone who wanted to enter gymnasiums, restaurants or amphitheaters, because this document proved at the time to the owners of these places that they had been vaccinated against the virus twice.

Those who did not have a passport in hand were therefore either resistant to compulsory vaccination or worried about the future of their rights even if they were vaccinated.

At the time, violators faced fines of up to $10 million and business owners faced penalties of up to jail time.

Even though the passport was revoked, the Legal Center wanted to demonstrate, with supporting testimony, that it was arbitrary, illegal and unconstitutional.

The Ontario court offered the plaintiffs a way to be heard despite the lapsing of their case.

Judge Benjamin Glustein of the Ontario Superior Court explains that& #x27;needless to hear the cause, although interesting, since it became obsolete when the province discontinued its use.

The magistrate nevertheless offered an olive branch to the Center to circumvent this legal difficulty so that the case is heard on the merits.

The judge proposes to the Center to convert its appeal constitutional into a lawsuit for damages his clients allegedly suffered from September 2021 to March 2022, so that the substantive arguments on the passport's constitutionality are heard.

The case cannot be heard immediately, however, since the Legal Center must first determine the amount of money it intends to claim from the province on behalf of its 8 clients for the wrongs it has suffered. they say they suffered because of the vaccine passport.

The hearing has been adjourned to November 21 next.

More details to come

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