Citizens’ Alliance of Nova Scotia Decries Supreme Court Dismissal: A Judicial Sidestep That Shields Government Overreach and Entrenches Harm

For Immediate Release

Halifax, Nova Scotia
01 February 2026

The Citizens’ Alliance of Nova Scotia (CANS) is profoundly disappointed by the Supreme Court of Nova Scotia’s decision dated 20 January 2026 (Citizens Alliance of Nova Scotia v. Nova Scotia (Health and Wellness), 2026 NSSC 21), which dismisses our judicial review application (YAR No. 510031) as moot, effectively letting the government evade scrutiny for flouting its own laws during the COVID-19 era.

Our challenge targeted the Chief Medical Officer of Health’s (CMOH) authority under the Health Protection Act to impose and amend public health orders that segregated society based on vaccination status—measures that were knowingly ultra vires, procedurally unfair, contrary to Charter values, and driven by bad faith. This bad faith manifested in pushing coercive mandates while aware that the vaccines did not prevent infection or transmission, rendering no meaningful difference between vaccinated and unvaccinated individuals—yet allowing discrimination to fester through policies, policing and denial of services, echoing historical propaganda tactics that turned neighbours against one another under the guise of “public safety,” all while causing immense personal, economic, and social harm.

Justice John A. Keith deemed the matter moot amid changed circumstances and called it “purely academic and hypothetical”, declining under the Borowski framework to exercise discretion. Citing adversarial vigour, judicial economy (including our intent to pursue further accountability for personal liability), and “judicial humility” in deferring to legislative crisis responses. The ruling sidesteps the core absurdities: How can a judiciary, sworn to uphold the rule of law, casually permit administrators to bend statutes at will, leaving citizens to suffer the fallout? To allow the shaping of ultra vires policy without consequence, all while Nova Scotians grapple with the lingering wounds of coerced compliance and eroded trust isn’t efficiency—it’s institutional complicity.

FOIPOP evidence underscores this bad faith: responses from the Department of Health and Wellness reveal “no records” supporting claims that vaccines prevented transmission or justified discriminatory policies, despite data showing 93% of hospitalisations and 81% of deaths among the fully vaccinated by early 2023—facts the CMOH dismissed as “nothing unusual” in correspondence on adverse events.[¹] Mandates persisted, knowingly ultra vires under the Health Protection Act’s procedural and evidence-based requirements, breeding division without basis.

“We brought this in the public interest to demand fidelity to the law and protect against such manipulative divisions,” said William Ray, Board Member and Agent for CANS. “That the Court opts for procedural escape-hatches over addressing blatant overreach is nothing short of baffling—akin to a referee calling off the match because the rule-breaker has already left the field. True public interest demands accountability, not amnesia.”

This outcome demonstrates the vital role of groups like CANS in bringing these matters to light—without such efforts, critical questions might remain unanswered. The government sees the chapter closed, but we call for backing reforms that enforce lawful exercise of emergency powers with robust accountability, averting the preventable harms to the public and especially children, where stories of broken lives demand that justice not be sidelined. But the most powerful action is the public’s interest in this case and how such a decision affects Public Confidence in its judiciary. It requires your comments and communication with the branches of your own government and therein lies the accountability and transparency parts of our democracy. We all need to care enough to preserve the rule of law in Canada because it is ours to protect.

CANS remains steadfast in our mission: exposing systemic controls, advocating for transparent governance rooted in informed consent, and rebuilding fractured bonds. We urge Nova Scotians to awaken to these patterns, support independent oversight, and join us in pressing for a future where emergency powers are wielded lawfully, not as tools for division and control. Therefore we will be requesting leave to appeal from the NS Court of Appeals. 

“The only thing necessary for the triumph of evil is for good men to do nothing.” 
John Stuart Mill

About Citizens Alliance of Nova Scotia (CANS):
CANS is a federally registered non-profit committed to safeguarding human and constitutional rights through advocacy, education, and principled activism. We challenge overreach, foster community resilience, and champion the public interest as we must ensure the return of our rightful place as the Constitution of this country.

As always if you feel that our work resonates and you would like to support our efforts, please consider donating via our website or e-transfer at donations@thecans.ca; receipts available upon request.

Media Contact  
CANS Media staff
Email: media@thecans.ca  
Website: www.thecans.ca  

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[¹] FOIPOP evidence: FOIPOP 2022-01337-HEA, 2022-00626-HEA, 2023-00345-HEA, 2022-01349-HEA.