В Федеральный Суд подан иск на рассмотрение правомочности приказа Министра Транспорта о ограничениях прав на передвижение и других прав граждан в зависимости от статуса вакцинирования.

Иск, pdf


Иск подан 27 января 2022-ого года.

Основной истец: Brian Peckford, один из авторов Хартии Прав и Свобод

Выдержки

Section (e) Charter violations

39. The Minister of Transport cannot:
a. Deprive any individual of their rights to liberty or security, except in accordance
with the principles of fundamental justice; or
b. Deprive any individual of their rights to freedom of conscience, liberty, privacy,
and mobility, except by due process of law.

40. The Vaccine Provisions of the Decision are a violation of the Applicants’ Charter rights:

b. Section 6: right to leave the country and travel within the country for business or
pleasure by prohibiting the Applicants’ only means of exiting Canada or travelling
long distances interprovincially in a timely and safe fashion, without submitting to
an experimental medical procedure;

c. Section 7: life, liberty, and security of the person, by prohibiting air travel unless
the Applicants receive an experimental medical procedure contrary to their will and
without their fully informed consent, which violates The Nuremberg Code (1947),
interferes with their bodily autonomy, subjects them to the risks of harmful side
effects or death, and impedes their ability to move freely across the country or
internationally, all in a coercive manner that is arbitrary, overbroad, and grossly
disproportionate;

d. Section 8: right to privacy, by forcing the Applicants to disclose private medical
information to be able to board an airplane; and,

e. Section 15: equality rights, by discriminating and labelling the Applicants as
“unvaccinated” and barring them from boarding aircraft in Canada, while
permitting a “vaccinated” class of Canadians to fly from Canadian airports.


Section (f) Contravention of the Bill of Rights

45. The Decision was not made by due process of law. Among other things,

a. The Decision was not subject to legislative controls customarily applied to the
introduction of a new law. As a result, Canadians did not receive the benefit of
multiple readings or parliamentary debate and scrutiny;

b. The Minister of Transport has made the Decision in an overly broad manner,
without due consideration of the rights of the Applicants; and

c. There was no, or insufficient, stakeholder engagement or consultation prior to the
Decision.


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