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Federal court tosses constitutional challenge to travel ban

Lawyers for former Premier Brian Peckford and Maxime Bernier may appeal the decision.

CALGARY – The Federal Court of Canada struck down a constitutional challenge into the federal government’s imposed travel ban days before it was to start.

The hearing was scheduled to start on Oct. 31. It was previously scheduled for Sept. 19 but adjourned at the federal government’s request. The hearing was the result of applications by former Premier Brian Peckford, Maxime Bernier and several others.

“We are very disappointed with this decision of the Federal Court, as there are millions of unvaccinated Canadians who were waiting to learn whether the federal government had the legal right to prevent them from leaving the country,” said Allison Pejovic, legal counsel for the applicants.

“The travel mandate represents one of the most egregious infringements of Canadians’ mobility rights in Canadian history, and in our view, striking the lawsuit out before it is heard–and while the Prime Minister continues to threaten Canadians with further Covid restrictions–is a grave injustice.”

The Federal Court issued a short decision on Oct. 21, without a reason and notified the parties that the applications had been struck down because they were considered moot.

Pejovic said both Peckford and Bernier have indicated they would like to appeal the decision. She said her clients will review the court’s complete reasons once they are issued.

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