Nova Scotia’s Supreme Court has denied public interest standing to a group who earlier disavowed vaccine mandates as “dictatorial.”
The Citizens Alliance of Nova Scotia (CANS) unsuccessfully filed an application for a judicial review of Nova Scotia’s pandemic rules earlier this year, alleging they infringed Charter rights. Dr. Robert Strang, the province’s chief medical officer of health, Health and Wellness Minister Michelle Thompson and the attorney general were named as respondents on the application.
In a decision last week, Justice John A. Keith denied the group’s request. He questioned whether their interest in the issue was genuine.
“The facts and evidence before me are insufficient to provide CANS public interest standing for the purpose of seeking such broad relief in respect of governmental actions that are neither in place, nor threatened, nor imminent,” he stated.
The alliance filed the request because the restrictions did not impact the group directly, reported CBC News. Public interest standing permits those without a personal stake to challenge government actions.
Dr. Robert Strang, Nova Scotia’s Chief Medical Officer of Health, compares vaccination to the “the tremendous sacrifices previous generation have made” and says:
“all we’re asking for you is to get a proven, safe and effective vaccine.”
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— Rebel News (@RebelNewsOnline) November 9, 2021
Justice Keith also refused to bar future vaccine mandates. “The court does not address challenges based on hypotheticals or conjectural scenarios that may or may not come to pass,” the decision said.
He added that the alliance had no regard whatsoever for “whatever facts or context may or may not exist in the future” regarding immunization.
“The evidence and controversy are simply not ripe and are largely based on unrealized fears or abstract conjecture,” the decision said.
Justice Keith maintains the application, at this stage, is “not based on self-evident conclusions, or universal truths.” He had serious concerns about the alliance’s inability to present facts in a concrete manner.
Hearing dates for other motions in the case remain ongoing without a subsequent date scheduled.
Rebel News attempted to reach the group for comment on the decision, and the potential for further litigation. No response was provided at publication.
