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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

Spy Agencies Cozied Up To Wuhan Virologist Before Lying About Pandemic

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From the Daily Caller News Foundation

By Emily Kopp

A close collaborator of virologists who studied coronaviruses in Wuhan frequently advised America’s top spy agency in the lead-up to the pandemic, and that same agency suppressed intelligence on the parallels between COVID-19 and their research.

The Office of the Director of National Intelligence’s (ODNI) hub for foreign biological threats dismissed the intelligence pointing to a lab accident in Wuhan as “misinformation” in January 2021, two former government sources who requested anonymity to discuss sensitive internal meetings told the Daily Caller News Foundation. New documents show that intelligence risked implicating ODNI’s own bioengineering advisor — University of North Carolina professor Ralph Baric.

Baric, who engineered novel coronaviruses with the Wuhan Institute of Virology (WIV), advised ODNI four times a year on biological threats, according to documents released Oct. 30 by Kentucky Sen. Rand Paul.

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Baric did not respond to the DCNF’s requests for comment.

The professor’s ties to American intelligence may run even deeper, the documents reveal, as ODNI facilitated a meeting between the CIA and Baric about a project on coronaviruses in September 2015.

The email exchange with the subject line “Request for Your Expertise” shows an unnamed government official with a CIA-affiliated email address pitching a “possible project” to Baric relating to “[c]oronavirus evolution and possible natural human adaptation.”

The new documents shed a bit of light on a question members of Congress have posed for years: Whether our own intelligence agencies knew more about the likelihood of a lab origin of COVID than they told the public.

“Director Ratcliffe has been on the forefront of this issue since the start of the COVID-19 pandemic and has been committed to transparency and accountability on this issue,” a CIA spokesperson said in a statement. “In January – as one of the Director’s first actions at Langley – CIA made public its assessment that a research-related origin of the COVID-19 pandemic is more likely than a natural origin. CIA will continue to evaluate any available credible new intelligence reporting as appropriate.”

Paul is seeking more documents from ODNI on potential ties between U.S. intelligence and the research in Wuhan as part of an ongoing investigation by the Senate Committee on Homeland Security and Governmental Affairs and has promised public hearings in the coming months.

Director of National Intelligence (DNI) Tulsi Gabbard disbanded the ODNI biological threats office earlier this year following questions from the DCNF about its suppression of COVID origins intelligence in August. Gabbard and a dedicated working group have also been quietly investigating the origins of COVID.

Protecting Their Own

Baric gave a presentation to the ODNI in January 2020 showing that he advised American intelligence that COVID may have emerged from a lab, the documents also indicate. Baric shared that the WIV had sequenced thousands of SARS-like coronaviruses, including strains capable of epidemics, the slides show.

Baric noted that the Wuhan lab does this work under low biosafety levels despite the ability of some of these viruses to infect and grow in human lung cells.

What Baric omitted: He had submitted a grant application in 2018 with intentions to conduct research to make coronaviruses with the same rare features seen in COVID while concealing the Wuhan lab’s low biosafety level, jotting in the margins of a draft of the grant application that Americans would “freak out” if they knew about the shoddy standards.

One year after Baric’s presentation, ODNI had hardened against the lab leak hypothesis.

When State Department officials pushed to declassify certain intelligence related to a plausible lab leak in January 2021, the ODNI expressed concerns that it would “call out actions that we ourselves are doing.”

Former ODNI National Counterproliferation and Biosecurity Center (NCBC) Director Kathryn Brinsfield, a medical doctor, also dismissed a January 2021 presentation by government officials about a plausible lab origin of COVID as “misinformation,” two sources told the DCNF. Her top aide Zach Bernstein, who possesses a master’s degree in security studies but no scientific credentials, also dismissed the presentation, according to three sources.

Gabbard disbanded NCBC in August following questions from the DCNF about its role in suppressing COVID origins intelligence.

But in the years preceding Gabbard’s takeover of the intelligence community’s central office, the ODNI’s public reports omitted any analysis of COVID’s viral genome. One intelligence agency filed a formal complaint about this glaring omission, the DCNF reported.

Scientists often received fierce pushback from former National Intelligence Council official Adrienne Keen, who helped steward former President Joe Biden’s 90-day review into COVID’s origins, an official told the DCNF. Paul’s request for records from ODNI includes a request for some of Keen’s communications.

Brinsfield and Keen did not respond to requests for comment.

Unanswered Questions

Despite the new disclosures, the precise nature of the CIA’s interest in Baric’s coronavirus work remains unknown. The documents do not include any further details about the work that the CIA and Baric may or may not have undertaken.

The U.S. Agency for International Development (USAID) funded the discovery of novel coronaviruses and shipped the samples to Wuhan through a 2009-2020 program called PREDICT, the DCNF reported in July. USAID sometimes acted as a CIA front before Trump dismantled it earlier this year — but no evidence exists that the CIA directed PREDICT.

An unnamed FBI special agent was in communication with Baric about responding to public requests for his research and emails with the Wuhan lab through the North Carolina Freedom of Information Act, according to a 2024 congressional letter, but details about the contact between the FBI and Baric also remain uncertain.

The CIA was slow to acknowledge that a lab was the pandemic’s most likely source, an assessment that the CIA made public more than five years after the pandemic emerged and well after the FBI and the Department of Energy.

In early 2020, when Trump’s Deputy National Security Advisor Matt Pottinger tasked CIA analysts to dig into the matter, they came up empty, according to a New York Times report. Instead, anonymous sources smeared Pottinger as having a “conspiratorial view” of the Chinese Communist Party.

Trump’s current CIA Director John Ratcliffe, who served as the DNI from May 2020 to January 2021, revealed in a 2023 Wall Street Journal op-ed that he had pushed for the declassification of COVID origins intelligence as the DNI but that he “faced constant opposition, particularly from Langley.”

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COVID-19

Crown still working to put Lich and Barber in jail

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From LifeSiteNews

By Anthony Murdoch

The Crown’s appeal claims the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

Government lawyers for the Crown have filed an appeal the acquittals of Freedom Convoy leaders Tamara Lich and Chris Barber on intimidation charges.

The Crown also wants their recent 18-month conditional sentence on mischief charges replaced with harsher penalties, which could include possible jail time.

According to the Justice Centre for Constitutional Freedoms (JCCF), it is “asking the Ontario Court of Appeal to enter a conviction on the intimidation charge or order a new trial on that count,” for Barber’s charges.

Specifically, the Crown’s appeal claims that the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

As reported by LifeSiteNews, both Lich and Barber have filed appeals of their own against their house arrest sentences, arguing that the trial judge did not correctly apply the law on their mischief charges.

Barber’s lawyer, Diane Magas, said that her client “relied in good faith on police and court direction during the protest. The principles of fairness and justice require that citizens not be punished for following the advice of authorities. We look forward to presenting our arguments before the Court.”

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 of “mischief.”

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

The Lich and Barber trial concluded in September 2024, more than a year after it began. It was originally scheduled to last 16 days.

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.

LifeSiteNews recently reported that Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandchildren from school without permission from the state.

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.

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