Connect with us

COVID-19

ArriveCAN ticket case dismissed, but Charter rights remain in limbo

Published

4 minute read

News release from the Justice Centre for Constitutional Freedoms

The Justice Centre is pleased to announce that the charge against Scott Bennett for not using the ArriveCAN app has been dismissed. An officer for the Public Health Agency of Canada, who was to be a witness at trial, failed to appear at the Ontario Court of Justice. So, on January 16, 2024, the public prosecutor withdrew all charges.Returning from a trip abroad on July 12, 2022, Mr. Bennett was issued a ticket at the Pearson International Airport for not using the controversial ArriveCAN app to disclose his Covid vaccination status. He filled in the back of the ticket, requesting an early resolution meeting with the prosecutor. Legal counsel, supported by the Justice Centre, attended that meeting and informed the prosecutor that they intended to raise Charter issues to defend Mr. Bennett against the prosecution. In particular, Charter section 8 prohibits unjustified search and seizure, and Charter section 9 prohibits arbitrary arrest and detention. The defence was prepared to argue that being forced to disclose vaccination status violates Charter section 8, and that the quarantine mandate violates Charter section 9.Mr. Bennett then received a trial notice that his case was to be heard at the Mississauga Provincial Offenses Court – usually reserved for traffic tickets with fines of less that $1,000. That court set the trial date without input from the defense. If that trial had proceeded, Mr. Bennett would have had only a few minutes to present his Charter arguments. His counsel filed a Notice of Constitutional Question on December 20, 2023, restating their intention to raise section 8 and 9 Charter issues, and then filed a motion to adjourn to trial. This would have allowed the defense enough time to fully argue the Charter issues. The January 2024 court date was then set.But when that day came, there was no witness for the prosecution. As a result, the charge against Mr. Bennett was dismissed. In 2022, Mr. Bennett was one of 11 applicants requesting a judicial review, supported by the Justice Centre, that challenged the constitutionality of the ArriveCAN app in Yates v. Attorney General of Canada. The federal policy of requiring Canadians to use the ArriveCAN app when returning to Canada was discontinued on September 30, 2022. The Federal Government then brought a motion to dismiss the case for mootness (irrelevance), which the court granted. The decision to dismiss the challenge to ArriveCAN for mootness was affirmed by the Federal Court of Appeal in July 2023, although the Court also ruled that Canadians could still pursue constitutional challenges when fighting their ArriveCAN tickets. That’s what Mr. Bennett had hoped to do, but the prosecution witness failed to appear.Chris Fleury, counsel for Mr. Bennett, stated, “Mr. Bennett is obviously thrilled with this outcome, which is very positive for him personally. At the same time, we are both disappointed that the constitutionality of the Federal Government’s decision to detain citizens based on their vaccination status may never see judicial scrutiny. Tomorrow morning, the Federal Government could make it mandatory for all returning Canadians to use ArriveCAN, and there would be no court ruling on the books about whether this mandatory requirement complies with the Charter.”

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

COVID-19

Canada’s health department warns COVID vaccine injury payouts to exceed $75 million budget

Published on

Fr0m LifeSiteNews

By Clare Marie Merkowsky

A Department of Health memo warns that Canada’s Vaccine Injury Support Program will exceed its $75 million budget due to high demand, with $16 million already paid out.

COVID vaccine injury payments are expected to go over budget, according to a Canadian Department of Health memo.

According to information published April 28 by Blacklock’s Reporter, the Department of Health will exceed their projected payouts for COVID vaccine injuries, despite already spending $16 million on compensating those harmed by the once-mandated experimental shots.

“A total $75 million in funding has been earmarked for the first five years of the program and $9 million on an ongoing basis,” the December memo read. “However the overall cost of the program is dependent on the volume of claims and compensation awarded over time, and that the demand remains at very high levels.”

“The purpose of this funding is to ensure people in Canada who experience a serious and permanent injury as a result of receiving a Health Canada authorized vaccine administered in Canada on or after December 8, 2020 have access to a fair and timely financial support mechanism,” it continued.

Canada’s Vaccine Injury Support Program (VISP) was launched in December 2020 after the Canadian government gave vaccine makers a shield from liability regarding COVID-19 jab-related injuries.

While Parliament originally budgeted $75 million, thousands of Canadians have filed claims after received the so-called “safe and effective” COVID shots. Of the 3,060 claims received to date, only 219 had been approved so far, with payouts totaling over $16 million.

Since the start of the COVID crisis, official data shows that the virus has been listed as the cause of death for less than 20 kids in Canada under age 15. This is out of six million children in the age group.

The COVID jabs approved in Canada have also been associated with severe side effects such as blood clots, rashes, miscarriages, and even heart attacks in young, healthy men.

Additionally, a recent study done by researchers with Canada-based Correlation Research in the Public Interest showed that 17 countries have found a “definite causal link” between peaks in all-cause mortality and the fast rollouts of the COVID shots as well as boosters.

Interestingly, while the Department of Health has spent $16 million on injury payouts, the Liberal government spent $54 million COVID propaganda promoting the vaccine to young Canadians.

The Public Health Agency of Canada especially targeted young Canadians ages 18-24 because they “may play down the seriousness of the situation.”

The campaign took place despite the fact that the Liberal government knew about COVID vaccine injuries, according to a secret memo.

Continue Reading

COVID-19

Freedom Convoy leaders’ sentencing judgment delayed, Crown wants them jailed for two years

Published on

Fr0m LifeSiteNews

By Anthony Murdoch

Years after their arrests, Freedom Convoy leaders Tamara Lich and Chris Barber are still awaiting their sentencing after being found ‘guilty’ of mischief.

The sentencing for Freedom Convoy leaders Tamara Lich and Chris Barber has been further delayed, according to the protest organizers.

“In our trial, the longest mischief trial of all time, we set hearing dates to set hearing dates,” quipped Lich, drawing attention to the fact that the initial sentencing date of April 16 has passed and there is still not a rescheduled date.

Earlier this month, both Lich and Barber were found guilty of mischief for their roles as leaders of the 2022 protest and as social media influencers, despite the non-violent nature of the demonstration.

Barber noted earlier this month that the Crown is seeking a two-year jail sentence against him and is also looking to seize the truck he used in the protest. As a result, his legal team asked for a stay of proceedings.

Barber, along with his legal team, have argued that all proceedings should be stopped because he “sought advice from lawyers, police and a Superior Court Judge” regarding the legality of the 2022 protest. If his application is granted, Barber would avoid any jail time.

Lich has argued that the Crown asking for a two-year jail sentence is “not about the rule of law” but rather “about crushing a Canadian symbol of Hope.”

Lich and Barber were arrested on February 17, 2022, in Ottawa for their roles in leading the popular Freedom Convoy protest against COVID mandates. During COVID, Canadians were subjected to vaccine mandates, mask mandates, extensive lockdowns and even the closure of churches.

Despite the peaceful nature of the protest, then-Prime Minister Justin Trudeau and his Liberal government invoked the Emergencies Act to clear-out protesters, an action a federal judge has since said was “not justified.” During the clear-out, an elderly lady was trampled by a police horse and many who donated to the cause had their bank accounts frozen.

The actions taken by the Trudeau government were publicly supported by Mark Carney at the time, who on Monday won re-election and is slated to form a minority government.

Continue Reading

Trending

X