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In September 2022 the parties went before Associate Chief Justice Gagne challenging the Canadian governments motion that the Travel Ban Case is moot.
On October 20, 2022, Justice Gagne decided (Gagne decision) in favour of the Canadian Government and stated:
these Applications will be struck as moot. The air and rail passenger vaccine mandates were repealed, as have other related public health measures. The Applicants have substantially received the remedies sought and as such, there is no live controversy to adjudicate.
There is no important public interest or inconsistency in the law that would justify allocating significant judicial resources to hear these moot Applications.
Finally, it is not the role of the Court to dictate or prevent future government actions.
Harrison and Rickards have appealed Justice Gagne’s decision (Notice of Appeal) (Memorandum of Fact) arguing that the principle of mootness in the Canadian courts needs to be reviewed and that it is squarely the role of the courts in Canada to hear cases that challenge government policies on the basis of whether they are found to be unconstitutional, discriminatory and egregious. The Attorney General filed the following response to the appeal on May 29, 2023 (AG response)
The Federal Appeal Court will hear this appeal October 11, 2023.