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Justice Centre brings legal challenge against ArriveCAN and quarantine measures

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News Release from The Justice Centre for Constitutional Freedoms

TORONTO: The Justice Centre filed a lawsuit today in the Federal Court of Canada, on behalf of 11 Canadians either fined for not using the ArriveCAN and/or ordered to quarantine for 14 days after returning home from abroad. The Applicants involved in this legal challenge have received fines of up to $8,500 each and been forced to disclose private medical information via ArriveCAN. The legal challenge seeks to strike down the mandatory use of ArriveCAN and declare unconstitutional the 14-day quarantine requirements for Canadians who refuse to use ArriveCAN when returning home.

ArriveCan was initially implemented in April 2020 to force Canadian citizens returning home to submit quarantine plans due to Covid. It was mandated for air travellers November 21, 2020. In February 2021, the federal government mandated ArriveCan for all land travellers, while the US-Canada land crossing was still closed. After the Covid vaccine rollouts, travellers were required to upload their vaccination certificates onto the ArriveCAN app.

Mr. Matthew Leccese, one of the applicants, went to the United States for 25 minutes to pick up some parts for his vehicle. Upon his return, the Canadian Border Services Agency (CBSA) demanded that he submit his vaccination certificate via ArriveCAN. Mr. Leccese refused because he had privacy concerns with ArriveCAN, but offered to present his vaccination certificate. CBSA refused to accept his paper certificate and issued him a ticket for $7,210 for not using ArriveCAN.

Mr. Alexander Macdonald, another applicant, attempted to cross the U.S. border in April 2022. He was refused entry by U.S. border agents and was allowed to return to Canada without issue. He tried to cross the U.S. border again in July 2022 and was again denied entry and returned to the Canadian side of the border. This time a CBSA agent ordered Mr. Macdonald to download ArriveCAN and submit to the 14-day quarantine despite never having set foot in the U.S.

Ms. Amanda Yates returned to Canada via a land crossing. Her husband used ArriveCAN on their behalf, but a glitch in the system sent them to secondary screening. She refused to disclose her vaccination status and was fined and required to quarantine for 14 days.  Her husband did disclose his vaccination status, and was not required to quarantine, despite living in the same house with Ms. Yates.

A glitch with ArriveCAN sent an automated message to over 10,000 vaccinated Canadians, requiring them to quarantine for 14 days. It took the government 12 days to inform the affected individuals that the app had malfunctioned.

ArriveCAN continues to come under heavy criticism for creating massive delays at international crossings. In July 2022, Toronto Pearson International Airport ranked number one worst airport in terms of delays and there were also significant delays reported at Montreal Pierre Elliot Trudeau International Airport.

The Minister of Transport has defended ArriveCan as vital in preventing the spread of Covid despite evidence that vaccines cannot stop transmission or infection. The minister also claimed ArriveCAN has not caused the ongoing travel backlog, despite evidence that the CBSA agents have stated it is in fact causing delays.

The Justice Centre has filed a Notice of Application against the federal government and is awaiting a trial date.

“The Justice Centre has heard from thousands of Canadians who have been negatively impacted by the federal government’s mandatory requirement to use ArriveCan. Thousands of law-abiding citizens have been fined egregiously simply for returning to their home country. The differential treatment and discriminating between vaccinated and unvaccinated travellers also defies science, which the federal government claims to follow,” says Eva Chipiuk, a lawyer on this case.

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COVID-19

Canadian veteran challenges conviction for guarding War Memorial during Freedom Convoy

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From LifeSiteNews

By Clare Marie Merkowsky

When the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

A Canadian veteran appealed to the Ontario courts after he was convicted for organizing a guard around the National War Memorial during the Freedom Convoy.

In an October press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that an appeal has been filed in the Ontario Court of Appeals on behalf of Master Warrant Officer (Ret’d) Jeffrey Evely over his conviction for mischief and obstructing police while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.

“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” constitutional lawyer Chris Fleury explained.

“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.

The appeal argues that police overstepped their authority in their response to the 2022 protest of COVID mandates. Police actions at the time included locking down the Ottawa core, establishing checkpoints, and arresting protesters.

In September 2024, Everly was convicted of mischief and obstruction after his involvement in the 2022 Freedom Convoy, which protested COVID mandates by gathering Canadians in front of Parliament in Ottawa.

As LifeSiteNews previously reported, when the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

However, under former Prime Minister Justin Trudeau’s use of the Emergencies Act, many parts of downtown Ottawa were blocked to the public, and a vigilant police force roamed the streets.

It was during this time that Evely was arrested for entering a closed off section of downtown Ottawa during the early hours of February 19, 2022. He had been on his way to take the 4:25 a.m. shift protecting the Ottawa War Memorial.

He was forcibly pushed to the ground, landing face first. The veteran was then arrested and charged with mischief and obstructing police.

At the time, the use of the EA was justified by claims that the protest was “violent,” a claim that has still gone unsubstantiated.

In fact, videos of the protest against COVID regulations and shot mandates show Canadians from across the country gathering outside Parliament engaged in dancing, street hockey, and other family-friendly activities.

Indeed, the only acts of violence caught on video were carried out against the protesters after the Trudeau government directed police to end the protest. One such video showed an elderly women being trampled by a police horse.

While the officers’ actions were originally sanctioned under the EA, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the EA, forcing Crown prosecutors to adopt a different strategy.

Now, Crown prosecutors allege that the common law granted police the authority to stop and detain Evely, regardless of the EA.

However, Evely and his lawyers have challenged this argument under section 9 of the Canadian Charter of Rights and Freedoms, insisting that his “arrest and detention were arbitrary.”

Earlier this month, Freedom Convoy organizers Tamara Lich and Chris Barber were sentenced to 18-month house arrest after a harrowing 25-month trial process. Many have condemned the sentence, warning it amounts to “political persecution” of those who stand up to the Liberal government.

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Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence

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From LifeSiteNews

By Anthony Murdoch

‘I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge’

Freedom Convoy leader Tamara Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.

Lich wrote in a X post on Wednesday that this past Tuesday was her first meeting with her probation officer, whom she described as “fair and efficient,” adding that she was handed the conditions set out by the judge.

I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge under a variation application, so we’ll just leave everything as is for now,” she wrote.

Lich noted that she has another interview with her probation officer next week to “assess the level of risk I pose to re-offend.”

“It sounds like it’ll basically be a questionnaire to assess my mental state and any dangers I may pose to society,” she said.

While it is common for those on house arrest to have to ask for permission to leave their house, sometimes arrangements can be made otherwise.

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year convicted of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.

Lich said that her probation officer “informed me of the consequences should I breach these conditions, and I am not to leave the house, even for the approved ‘necessities of life’ without contacting her to let her know where I’ll be and for how long,” she wrote.

“She will then provide a letter stating I have been granted permission to be out in society. I’m to have my papers on my person at all times and ready to produce should I be pulled over or seen by law enforcement out and about.”

Lich said that the probation officer did print a letter “before I left, so I could stop at the optometrist and dentist offices on my way home.”

She said that her official release date is January 21, 2027, which she said amounts to “1,799 days after my initial arrest.”

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

LifeSiteNews reported that Conservative Party leader Pierre Poilievre offered his thoughts on the sentencing, wishing them a “peaceful” life while stopping short of blasting the sentence as his fellow MPs did.

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, Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.

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