2 total
Judicial review of COVID-19 vaccine mandate struck; existence of SARS-CoV-2 subject to judicial notice.
The applicant sought judicial review of the federal government's policy requiring COVID-19 vaccination for public servants, alleging the SARS-CoV-2 virus does not exist.
The respondent brought a motion to strike the application.
The Court took judicial notice of the existence of the SARS-CoV-2 virus, finding it to be a notorious and indisputable fact.
As the applicant's central premise contradicted a judicially noticed fact, the application was found to be bereft of any possibility of success and was struck.
Challenge to port worker security clearance regulations under sections 2(d), 7, and 15 dismissed.
The Canadian Maritime Workers Council brought a constitutional challenge against sections 509 and 510 of the Marine Transportation Security Regulations, alleging violations of sections 2(d), 7, and 15 of the Charter.
The provisions govern security clearances for port workers.
The Federal Court dismissed the application, finding it was bound by the Federal Court of Appeal's decision in Reference re Marine Transportation Security Regulations which addressed similar Charter arguments.
The applicant failed to establish a new legal issue or a fundamental shift in evidence to justify departing from stare decisis.
The section 15 claim was also rejected because the regulations distinguish based on degree of proximity rather than protected family or marital status.