by The Honourable A. Brian Peckford

December 29, 2023

The Ontario Court Of Appeal is the latest court in Canada to misinterpret their role —using the excuse of mootness . This time it is people involved with the Police For Freedom.

Here is an excerpt from the Police For Freedom website:

‘Ontario Court of Appeal Dismisses Vaccine Passport Case Brought Forth by Eight Canadians

Dec 27, 2023 | BlogGeneral News |

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.’

But I contend :


Inherent in the Charter of Rights and Freedoms is the right  of a citizen to know whether his or her rights are being violated, prevented from knowing by a concocted Court procedure. This manoeuvre is weak reasoning and can never override a citizen’s right to know .

We (those of us whose names are on the Patriation Agreement of 1981)never thought that , after 114 years , of finally enshrining individual rights and freedoms in the Constitution that the day would come when the Courts would unilaterally decide to prevent a citizen from knowing whether his or her Charter rights were violated as a result of a Government action.

Just because the Government action is no  longer in force ( though it still could be again) does not relieve a Court from carrying out its solemn obligation to ensure a citizen’s right to know is honoured.

What’s the good of enshrining individual rights in a country’s constitution if later courts can build artificial boundaries around a citizen right to know whether a Government measure violated their rights.

A person’s rights are not time sensitive——— you either have them or you don’t.

And a court is suppose to adjudicate——-not procrastinate and deny a citizen’s right to know.

A Court supporting the Government in keeping secret whether a Government action violated a citizen’s Charter rights under the Constitution is the antithesis of the values of a free and democratic country.