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COVID-19

TDF files Notice of Constitutional Question for upcoming ArriveCAN trial

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News release from The Democracy Fund

TDF’s Legal Team Written by 

Court document filed by TDF alleges that ArriveCAN requirement was not properly specified by the Minister of Health.


The Democracy Fund (TDF) has filed a Notice of Constitutional Question in the Ontario Court of Justice over an ArriveCAN ticket issued to one of their “fight-the-fines” clients. The court application argues that the client had a reasonable expectation of privacy in the information the government demanded she disclose through ArriveCAN, which included information about her vaccination status. TDF further argues that this demand constituted an unreasonable seizure as it was not authorized by law.

While the Government of Canada has claimed that ArriveCAN was legally required starting in November 2020, TDF argues that the orders-in-council that purport to establish ArriveCAN make no reference to ArriveCAN. Rather, the orders say that information must be provided by an “electronic means specified by the Minister of Health.”

The question is, when and where did the Minister of Health specify ArriveCAN to be the electronic means referred to in the orders in council?

TDF’s litigation director, Alan Honner, says he made several inquiries to government ministries about when and where the Minister of Health actually specified ArriveCAN to be the electronic means set out in the orders in council. He never received an answer.

The only document TDF uncovered which specifies ArriveCAN as the electronic means set out in the orders-in-council is dated November 26, 2021, more than a full year after ArriveCAN was supposed to become legally mandatory.

“There is a real question about whether the government actually took the steps to make ArriveCAN legally binding on travellers prior to November 2021,” says TDF Litigation Director Alan Honner. “If the Minister of Health failed to make the specification as required by law except for this one time, then for at least an entire year, the government was telling us that ArriveCAN was legally required when it was not.”

TDF had previously filed an application in the Federal Court of Canada making this same argument. That application was dismissed for mootness because all COVID-19 border measures were rescinded within weeks of TDF filing its court documents.

TDF will be arguing at the upcoming trial that the November 26 document does not apply to their client. Among other things, the document refers to an order in council that was rescinded and not to the order in council that their client was charged with breaching.

“The good news is that the application cannot be struck for mootness because we are dealing with an active ticket,” says Honner. “The bad news is that the prosecution can avoid the argument by dropping the charges.”

The trial will take place on February 15, 2024.

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About The Democracy Fund:

Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.

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COVID-19

Ontario gov’t drops over 100 fines from COVID era for compliance violations

Published on

From LifeSiteNews

By Anthony Murdoch

Charges were withdrawn for violations of the Quarantine Act ‘due to a lack of reasonable prospect of conviction, delay, non-appearance of the government’s witness at trial, or a decision taken by the Crown not to proceed.’

Canadian legal advocacy group The Democracy Fund (TDF) says that because of generous donor support it secured the staying or withdrawal of 109 COVID-era tickets given to multiple people in Ontario.

The TDF said in a press update sent to LifeSiteNews that most often the charges were withdrawn or stayed “due to a lack of reasonable prospect of conviction, delay, non-appearance of the government’s witness at trial, or a decision taken by the Crown not to proceed.”

“It’s gratifying to see our hard work pay off, and a relief to our clients who have endured years of legal uncertainty,” TDF paralegal Jenna Little said.

“But the government is still doggedly pursuing many clients for charges that should not have been brought in the first place and consume scarce judicial resources.”

The TDF observed that its clients were charged under the Quarantine Act s.15 (failure to provide information to screening officer), s.58 (failure to complete ArriveCan, failure to arrange for quarantine), or s.66 (obstruct an officer).

It noted that the fine for each charge was around $5,000, with “with potential total fines for conviction on all charges reaching $681,250.”

“Though many of these cases have been successfully resolved, many remain,” the TDF said.

Some of the charges were issued under the Emergency Management and Civil Protection Act, such as s.7.0.11 (obstruct an officer), which can carry a one-year jail sentence and a $10,000 fine.

The TDF stated that in “rare cases” some clients were also charged under “s.10 of the Reopening Act (gather or fail to close premises).”

The TDF noted that despite the recent court wins, there are still “hundreds” of clients who are facing “potential fines and jail time for peacefully protesting or objecting to government overreach during COVID lockdowns.”

The TDF said that during COVID the government used the opportunity to enact “rights-infringing, overbroad laws.”

“Legislators and bureaucrats zealously enforced these laws against Canadians in an effort to secure compliance and suppress peaceful protest. Fortunately, The Democracy Fund (TDF) and its team of lawyers and paralegals, with the support of generous donors, fought back,” it said.

The TDF, founded in 2021, bills itself as a Canadian charity “dedicated to constitutional rights, advancing education and relieving poverty,” by promoting constitutional rights “through litigation and public education.”

In early July, LifeSiteNews reported that TDF lawyers helped get criminal charges against a Canadian man who participated in the pro-family 1 Million March 4 Children protest over radical LGBT ideology being taught in public schools dropped by the Crown.

Over the last couple of years, the TDF has been active in helping Canadians persecuted under COVID mandates and rules fight back. Notable people it has helped include Dr. Kulvinder Kaur Gill, an Ontario pediatrician who has been embroiled in a legal battle with the College of Physicians and Surgeons of Ontario (CPSO) for her anti-COVID views. She has also had the help of Elon Musk.

COVID vaccine mandates, which came from provincial governments with the support of the federal government, split Canadian society. The mRNA shots have been linked to a multitude of negative and often severe side effects in children.

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COVID-19

Court decision allows Trudeau gov’t to avoid accountability on COVID travel app, top legal group says

Published on

From LifeSiteNews

By Anthony Murdoch

Four Canadians who refused to comply with the government’s border surveillance program had charges against them withdrawn, but no determination was made on the constitutionality of forcing the unvaccinated to quarantine.

A constitutional legal group says a recent court decision to withdraw charges leveled against four men who refused to go along with a COVID border surveillance program means the federal government “escaped accountability” for rules that targeted jab-free Canadians.

“This outcome is bittersweet for each of our clients,” said Chris Fleury, an attorney for the Justice Centre for Constitutional Freedoms (JCCF), in a recent press release sent to LifeSiteNews.

“It is positive for each of them personally. On the other hand, they were deeply interested in seeking a determination of the constitutionality of the irrational and unscientific decision forcing unvaccinated Canadians to quarantine.”

Fleury noted that the court ruling means the federal government of Prime Minister Justin Trudeau has “again escaped accountability for Covid policy decisions that breached Canadians’ Charter rights.”

The JCCF said the City of Mississauga withdrew “five charges against four Canadians who refused to comply with ArriveCAN requirements at the Toronto Pearson International Airport.”

The federal government’s $59.5 million scandal-ridden ArriveCAN travel app was introduced in April 2020 and mandated in November 2020. The app was used to track the COVID jab status of those entering the country and to enforce quarantines when deemed necessary.

When the app was mandated, all travelers entering Canada had to use it to submit their travel and contact information as well as any COVID vaccination details before crossing the border or boarding a flight.

In February, LifeSiteNews reported that Conservative Party MPs accused the Canada Border Services Agency (CBSA) of lying to Parliament over sweetheart contracting approvals concerning ArriveCAN.

Man revealed COVID jab status after breaking down under ‘pressure,’ then hit will $5,000 fine

“After arriving in Toronto from the Netherlands, Mr. Sly-Hooten felt that his personal medical information should remain private and chose not to disclose his vaccination status via ArriveCAN. In response, Peel Regional Police and Public Health Agency of Canada personnel detained him,” the JCCF said.

The JCCF added that “under pressure” and without any “counsel,” Sly-Hooten “broke down and revealed his vaccination status.”

“He received a $5,000 ticket for violating the Quarantine Act and was ordered to quarantine in his home for 14 days,” the JCCF explained.

The JCCF noted that it was able to help Sly-Hooten launch a constitutional challenge “against ArriveCAN, citing his right to liberty, his right to be protected from unreasonable search and seizure, his right to be free from arbitrary arrest and detention, and his right to counsel after arrest and detention – all protected by the Canadian Charter of Rights and Freedoms.”

Other withdrawn tickets include those issued to Mark Spence, Aaron Grubb, and Evan Kraayenbrink.

The JCCF noted that, like Sly-Hooten, “each were charged for choosing not to provide information via ArriveCAN and were ordered to quarantine for 14 days.”

“Prosecutors have withdrawn the charges because they believe it is not in the public interest to expend further resources on a trial,” the JCCF said. “This outcome follows a similar pattern of ArriveCAN-related charges being dropped before their trials in what appears to be an attempt to shield the controversial program from constitutional scrutiny. In other words, charges are being dropped before the merits of constitutional challenges to ArriveCAN can be heard by the courts.”

Canadians were told ArriveCAN was supposed to have cost $80,000, but the number quickly ballooned to $54 million, with the latest number showing it cost $59.5 million.

The app itself was riddled with tech glitches along with privacy concerns from users.

Canadian Auditor General Karen Hogan announced an investigation of ArriveCAN in November 2022 after the House of Commons voted 173-149 for a full audit of the controversial app.

The House of Commons Standing Committee on Government Operations and Estimates (OGGO) is investigating how various companies such as Dalian, Coaradix, and GC Strategies received millions in taxpayer dollars to develop the contentious quarantine-tracking program.

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