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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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Brownstone Institute

The Predictable Wastes of Covid Relief

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From the Brownstone Institute

BY Daniel NuccioDANIEL NUCCIO  

As documented in a 2023 report from the Electronic Privacy Information Center, more than seventy local governments used ARPA funds to expand surveillance programs in their communities

If you ever had the vague sense that Covid relief funding worked in a manner akin to US aid packages in failed Middle Eastern dictatorships, your instincts weren’t wrong.

First off, there were cases of just outright fraud nearing the $200 billion mark with drug gangs and racketeers collecting Covid unemployment benefits from the US government, with some recipient fraudsters not even having the common decency of being honest American fraudsters.

Even worse, though, were some legitimate uses of Covid funds that actually counted as legitimate despite being laughably frivolous or clearly unrelated to nominal goals connected to public health or helping communities deal with the economic impact of the virus – or, more accurately, the lockdowns.

One of the most should-be-satirical-but-actually-real examples of a legitimate use of Covid cash was a researcher at North Dakota State University being awarded $300,000 by the National Science Foundation through a grant funded at least in part through the American Rescue Plan Act of 2021 to aid her in her 2023 efforts to reimagine grading in the name of equity. (If none of that makes sense, please don’t hurt yourself with mental pirouettes.)

Other more mundane projects pertained to prisons and law enforcement using Covid relief money for purposes that extended well-beyond simply paying salaries or keeping the lights on. In 2022 The Appeal and The Marshall Project  reported on how large sums of Covid money went to prison construction and expansion projects and to outfit police departments with new weaponry, vehicles, and canines. Regardless of how you feel about law enforcement or our prison system, these probably did little to stop the spread of Covid or keep out-of-work bartenders afloat while public health bureaucrats consulted horoscopes or goat entrails or their equally useful models to divine the proper time to let businesses reopen safely at half-capacity to diners willing to wear a mask between bites but too afraid to leave their homes.

Yet, of course, that didn’t stop people from trying to make the case that these expenditures absolutely were essential to slowing the spread. Often coming off like precocious children explaining to their parents how a new puppy would help teach them responsibility or an overpriced pair of sneakers would facilitate their social-emotional development by ensuring the cool kids would like them, local sheriffs and city managers were reported as claiming prison expansions could help prisoners social distance from each other, new tasers would help officers social distance from suspects, and new vehicles would allow officers to take their cars home with them rather than share one with another officer who might end up contaminating it with their Covid cooties.

But even worse than the funds that were outright plundered or just snatched up as part of a cash grab were those that were used on projects that helped further erode the freedoms of American citizens.

As documented in a 2023 report from the Electronic Privacy Information Center, more than seventy local governments used ARPA funds to expand surveillance programs in their communities, purchasing or licensing gunshot detection systems, automatic license plate readers, drones, social media monitoring tools, and equipment to hack smartphones and other connected devices.

Sometimes EPIC reported that this was done with little, if any, public debate over the civil liberties and privacy concerns inherent to these tools. In one case from a town in Ohio, approval for ARPA-funded ALPRs – cameras that can create a searchable, time-stamped history for the movements of passing vehicles – came after only a 12-minute presentation by their police chief.

Similarly, schools also likely used money from ARPA, as well as the 2020 Coronavirus Aid, Relief, and Economic Security Act, for their own surveillance purposes, although documentation of how schools used their Covid money is said to be somewhat spotty at best.

Vice News in 2021 reported how Ed Tech and surveillance vendors such as Motorola SolutionsVerkada, and  SchoolPass marketed their products as tools to help reduce the spread of Covid and allow schools to reopen safely.

Some attempts such as Vice’s description of SchoolPass presenting ALPRs as a means to assist with social distancing come off like police departments explaining the social distancing benefits of tasers.

Others, however, such as Motorola plying schools with lists of behavioral analysis programs that “monitor social distancing violations” and room occupancy while “automat[ing] the detection of students who are not wearing face masks,” seem to offer a glimpse of the dystopian future into which we are heading – as do the other surveillance tools bought with Covid cash.

Maybe at some point Disease X, about which our ruling class has been warning us, will hit and the additional drones, ALPRs, and social media monitoring tools bought by the law enforcement agencies reported on by EPIC will be used to monitor adults for social distancing violations and automatically detect who isn’t wearing a mask. Maybe those tools will just be used to keep a digital notebook of the daily activities of everyone while police reassure us that they promise only to look at it when they really really need to.

In either case, though, if you currently have the vague sense that post-Covid America is a little more like a Chinese surveillance state than in the Before Times, your instincts are dead-on.

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  • Daniel Nuccio

    Daniel Nuccio holds master’s degrees in both psychology and biology. Currently, he is pursuing a PhD in biology at Northern Illinois University studying host-microbe relationships. He is also a regular contributor to The College Fix where he writes about COVID, mental health, and other topics.

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COVID-19

States move to oppose WHO’s ‘pandemic treaty,’ assert states’ rights

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From LifeSiteNews

By Michael Nevradakis Ph. D.,

Utah and Florida passed laws intended to prevent the WHO from overriding states’ authority on matters of public health policy, and Louisiana and Oklahoma have legislation set to take effect soon pending final votes.

Two states have passed laws – and two states have bills pending – intended to prevent the World Health Organization (WHO) from overriding states’ authority on matters of public health policy.

Utah and Florida passed laws and Louisiana and Oklahoma have legislation set to take effect soon pending final votes. Several other states are considering similar bills.

The WHO member states will convene next month at the World Health Assembly in Geneva, Switzerland, to vote on two proposals – the so-called “pandemic accord” or “pandemic treaty,” and amendments to the International Health Regulations (IHR) – that would give the WHO sweeping new pandemic powers.

The Biden administration supports the two WHO proposals, but opposition is growing at the state level.

Proponents of the WHO’s proposals say they are vital for preparing humanity against the “next pandemic,” perhaps caused by a yet-unknown “Disease X.”

But the bills passed by state legislatures reflect frequently voiced criticisms that the WHO’s proposals imperil national sovereignty, medical and bodily sovereignty and personal liberties, and may lead to global vaccine mandates.

Critics also argue the WHO proposals may open the door to global digital “health passports” and global censorship targeting alleged “misinformation.”

Such criticisms are behind state legislative initiatives to oppose the WHO, on the basis that states’ rights are protected under the 10th Amendment of the U.S. Constitution. Under the 10th Amendment, all powers not delegated to the federal government are reserved to the states. Such powers, critics say, include public health policy.

It is encouraging to see states like Louisiana, Oklahoma, and Utah pass resolutions to clarify that the WHO has no power to determine health policy in their states. Historically, health has been the purview of state and local government, not the U.S. federal government.

There is no legitimate constitutional basis for the federal government to outsource health decision-making on pandemics to an international body. As state legislatures become aware of the WHO’s agenda, they are pushing back to assert their autonomy – and this is welcome.

Internist Dr. Meryl Nass, founder of Door to Freedom, told The Defender that, contrary to arguments that the drafters of the constitution could not foresee future public health needs, vaccines, doctors, and medicine were all in existence at the time the 10th Amendment was written. They were “deliberately left out,” she said.

READ: Thousands of protesters rally in Tokyo against proposed WHO pandemic treaty

This has implications for the federal government’s efforts in support of the WHO’s proposals, according to Nass. “The government doesn’t have the authority to give the WHO powers for which it lacks authority,” she said.

Tennessee state Rep. Bud Hulsey (R-Sullivan County) told The Epoch Times, “We’re almost to a place in this country that the federal government has trampled on the sovereignty of states for so long that in peoples’ minds, they have no options.”

“It’s like whatever the federal government says is the supreme law of the land, and it’s not. The Constitution is the supreme law of the land,” he added.

Utah, Florida laws passed

On January 31, Utah Gov. Spencer Cox (R) signed Senate Bill 57, the “Utah Constitutional Sovereignty Act,” into law. It does not mention the WHO, but prohibits “enforcement of a federal directive within the state by government officers if the Legislature determines the federal directive violates the principles of state sovereignty.”

In May 2023, Florida passed Senate Bill 252 (SB 252), a bill for “Protection from Discrimination Based on Health Care Choices.” Among other clauses, it prohibits businesses and public entities from requiring proof of vaccination or prophylaxis for the purposes of employment, receipt of services, or gaining entry to such entities.

According to Section 3 of SB 252:

A governmental entity as defined… or an educational institution… may not adopt, implement, or enforce an international health organization’s public health policies or guidelines unless authorized to do so under state law, rule, or executive order issued by the Governor.

Nass told The Defender that Florida’s legislation offers a back door through which the state can implement WHO policies because it allows a state law, rule, or executive order by the governor to override the bill. According to Nass, efforts to strengthen the bill have been unsuccessful.

SB 252 was one of four bills Florida Gov. Ron DeSantis (R) signed in May 2023 in support of medical freedom. The other bills were House Bill 1387, banning gain-of-function researchSenate Bill 1580, protecting physicians’ freedom of speech, and Senate Bill 238, prohibiting discrimination on the basis of people’s medical choices.

Louisiana, Oklahoma also push back against the WHO

The Louisiana Senate on March 26 voted unanimously to pass Senate Law No. 133, barring the WHO, United Nations (U.N.) and World Economic Forum from wielding influence over the state.

According to the legislation:

No rule, regulation, fee, tax, policy, or mandate of any kind of the World Health Organization, United Nations, and the World Economic Forum shall be enforced or implemented by the state of Louisiana or any agency, department, board, commission, political subdivision, governmental entity of the state, parish, municipality, or any other political entity.

The bill is now pending Louisiana House of Representatives approval and if passed, is set to take effect August 1.

On April 24, the Oklahoma House of Representatives passed Senate Bill 426 (SB 426), which states, “The World Health Organization, the United Nations and the World Economic Forum shall have no jurisdiction in the State of Oklahoma.”

READ: Lawmakers, conservatives blast WHO plan for ‘global governance’ on future pandemics

According to the bill:

Any mandates, recommendations, instructions, communications or guidance issued by the World Health Organization, the United Nations or the World Economic Forum shall not be used in this state as a basis for action, nor to direct, order or otherwise impose, contrary to the constitution and laws of the State of Oklahoma any requirements whatsoever, including those for masks, vaccines or medical testing, or gather any public or private information about the state’s citizens or residents, and shall have no force or effect in the State of Oklahoma.

According to Door to Freedom, the bill was first introduced last year and unanimously passed the Senate. An amended version will return to the Senate for a new vote, and if passed, the law will take effect June 1.

Legislative push continues in states where bills opposing the WHO failed

Legislative initiatives opposing the WHO in other states have so far been unsuccessful.

In Tennessee, lawmakers proposed three bills opposing the WHO, but “none of them made it over the finish line,” said Bernadette Pajer of the CHD Tennessee Chapter.

“Many Tennessee legislators are concerned about the WHO and three of them filed resolutions to protect our sovereignty,” Pajer said. “Our legislature runs on a biennium, and this was the second year, so those three bills have died. But I do expect new ones will be filed next session.”

The proposed bills were:

  • House Joint Resolution 820(HJR 820), passed in the Tennessee House of Representatives. The bill called on the federal government to “end taxpayer funding” of the WHO and reject the WHO’s two proposals.
  • House Joint Resolution 1359(HJR 1359) stalled in the Delayed Bills Committee. It proposed that “neither the World Health Organization, United Nations, nor the World Economic Forum shall have any jurisdiction or power within the State of Tennessee.”
  • Senate Joint Resolution 1135(SJR 1135) opposed “the United States’ participation in the World Health Organization (WHO) Pandemic Prevention Preparedness and Response Accord (PPPRA) and urges the Biden Administration to withdraw our nation from the PPPRA.”

Amy Miller, a registered lobbyist for Reform Pharma, told The Defender she “supported these resolutions, especially HJR 1359. She said the bill “went to a committee where the sponsor didn’t think it would come out since a unanimous vote was needed and one of the three members was a Democrat.”

Tennessee’s HJR 820 came the closest to being enacted. According to Nass, this bill was “flawed,” as it “did not assert state sovereignty or the 10th Amendment.”

Another Tennessee bill, House Bill 2795 and Senate Bill 2775, “establishes processes by which the general assembly [of the state of Tennessee] may nullify an unconstitutional federal statute, regulation, agency order, or executive order.”

According to The Epoch Times, this would give Tennessee residents “the right to demand that state legislators vote on whether or not to enforce regulations or executive orders that violate citizens’ rights under the federal or state constitutions.” The bill is tabled for “summer study” in the Senate.

In May 2023, Tennessee passed legislation opposing “net zero” proposals and the U.N. Sustainable Development Goals – which have been connected to “green” policies and the implementation of digital ID for newborn babies and for which the U.N. has set a target date of 2030 for implementation.

According to The Epoch Times, “Maine state Rep. Heidi Sampson attempted to get a ‘joint order’ passed in support of personal autonomy and against compliance with the WHO agreements, but it garnered little interest in the Democrat supermajority legislature.”

In Alabama, the Senate passed House Joint Resolution 113 opposing the WHO. The bill was reported out of committee but, according to Nass, it stalled.

Other states where similar legislation was proposed in the 2024 session or is pending include Georgia, IdahoIowaKentuckyMichiganNew HampshireNew JerseySouth Carolina, and Wyoming.

Recent Supreme Court ruling may curtail federal government’s powers

While opponents of the WHO’s proposed “pandemic agreement” and IHR amendments point to the states’ rights provision of the 10th Amendment, others argue that a 1984 U.S. Supreme Court decision in Chevron v. Natural Resources Defense Council allowed federal agencies to assert more authority to make laws.

The tide may be turning, however. According to The Epoch Times, “The current Supreme Court has taken some steps to rein in the administrative state, including the landmark decision in West Virginia v. Environmental Protection Agency, ruling that federal agencies can’t assume powers that Congress didn’t explicitly give them.”

Nass said that even in states where lawmakers have not yet proposed bills to oppose the WHO, citizens can take action, by contacting the office of their state governor, who can issue an executive order, or their attorney general, who can issue a legal opinion.

Door to Freedom has also developed a model resolution that state legislative bodies can use as the basis for their own legislation.

“It’s important for people to realize that if the federal government imposes something on the people, the people can go through their state’s powers to overturn it,” Nass said.

This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.

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