COVID-19
ArriveCAN ticket case dismissed, but Charter rights remain in limbo
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.”
From LifeSiteNews
Quebec becomes the second Canadian province to stop offering COVID jabs for free.
Quebec has become the second province in Canada to stop giving people the mRNA-based COVID jabs for free.
Starting in the fall, people in the province will have to pay upward of $180 to get a COVID shot, confirmed the province’s Health Department in an email sent on Thursday.
The reasons for the change, according to the province, are that most people have been exposed to the COVID-19 virus, as confirmed by the province’s Health Department in an email sent out on the matter. The department admitted that healthy adults’ own immunity to the virus does not need priority for the jabs.
While most will have to pay for the jabs, it will remain more or less free for people over 65, health care workers, and people with continued health issues.
The province of Quebec saw some of the most stringent COVID mandates in Canada, including at one point, curfews.
As reported by LifeSiteNews, the province of Alberta became the first in Canada to announce that COVID jabs would no longer be free.
Last June, leftist politicians in Alberta were outraged after the United Conservative Party (UCP) government under Premier Danielle Smith announced that anyone who wants COVID shots will soon have to pay for them themselves.
The change in COVID jab policy is no surprise given Smith’s opposition to mandatory shots.
As reported by LifeSiteNews, early this year, Smith’s UCP government said it would consider halting COVID vaccines for healthy children.
Last week, LifeSiteNews reported on how a new report shed light on the “harms caused” by COVID-19 lockdowns and injections imposed by various levels of government as well as a rise in unexplained deaths and bloated COVID-19 death statistics.
The mRNA shots have also been linked to a multitude of negative and often severe side effects in children, and all have connections to cell lines derived from aborted babies.
Many Canadian doctors who spoke out against COVID mandates and the experimental mRNA injections were censured by their medical boards.
From LifeSiteNews
With a sentence hearing coming up on October 7 and the possibility of facing seven years in jail, Tamara Lich responded to a supporter by saying, ‘I trust His plan for me.’
Freedom Convoy co-leader Tamara Lich, who faces a potential seven-year jail sentence for her role in the 2022 protests, says she has put her “trust” in Jesus regarding the outcome of her trial sentencing verdict.
On Wednesday, a Lich supporter offered kind words, telling her, as well as colleague Chris Barber, that they and their “families are lifted to The Lord in prayer and support from ALL Canadians who see this political persecution for what it is.”
“Never forget that. Your stand for freedom and insight for our NATION is ABSOLUTELY Amazing. You are HEROES. Thank you,” X user “bob” wrote in reply.
In response, Lich wrote, “Thank you for your support and kind words.”
“I trust His plan for me,” she added.
X user ‘‘bob” had replied to Lich’s post on September 14 about an update to her and Barber’s looming sentencing verdict.
Lich was arrested on February 17, 2022, in Ottawa. Barber was arrested the same day.
The sentencing trial for Lich and Barber took place in July in a hearing. Earlier this year, they were found guilty of mischief in their roles in the 2022 convoy.
As reported by LifeSiteNews, Lich revealed that the Canadian federal government is looking to put her in jail for no less than seven years and Barber for eight years.
A sentencing hearing has been scheduled in their case for October 7 in Ottawa.
Earlier this week, LifeSiteNews reported Lich called out Canada’s Department of Public Safety for “lies” after it boasted via an internal audit that it acted with a high “moral” standard in dealing with the 2022 protest against COVID mandates.
Both Lich and Barber were the main faces of the 2022 Freedom Convoy, which descended upon Ottawa demanding an end to all COVID mandates.
In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.
During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse, and one conservative female reporter was beaten by police and shot with a tear gas canister.
Trudeau revoked the EA on February 23.
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