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Ontario judge rules in favor of woman who refused COVID nasal swab test

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From LifeSiteNews

By Clare Marie Merkowsky

‘I do decide that the nasal swab test, which the screening officer in this case required or demanded Ms. Fernando submit to, was an unlawful requirement or demand,’ wrote Ontario Court Justice Paul Monahan in his June 26 ruling.

An Ontario court has ruled in favor of a woman who was charged and convicted for refusing to submit to a COVID nasal swab test upon returning home to Canada in 2022.

In a June 26 ruling, Ontario Court Justice Paul Monahan decided in favor of Canadian woman Meththa Fernando, who was charged in 2022 for refusing a COVID nasal swab test when returning to Canada from abroad and subsequently found guilty. Monahan concluded that in Fernando’s case, requiring her to submit to such an invasive test was unlawful and ordered her conviction be overturned.

“I do decide that the nasal swab test, which the screening officer in this case required or demanded Ms. Fernando submit to, was an unlawful requirement or demand,” wrote Monahan in his ruling.   

“Ms. Fernando’s refusal to comply with the requirement or demand was lawful on her part,” he continued. “Because the requirement or demand made of her by the screening officer was not lawful, Ms. Fernando should not have been found guilty by the Justice of the Peace.”  

Fernando began her legal journey in 2022 when she refused a nasal swab at Pearson International Airport in Toronto, Ontario. Upon her return home to nearby Mississauga, a screening officer from the Canadian Public Health Agency randomly selected her to undergo the nasal test.  

However, Fernando, who told the officer she was already vaccinated against COVID, refused the test. She was charged and later convicted of failing to comply with an order under Section 58 of the Quarantine Act and fined a total of $6,255. 

Canada’s Quarantine Act was used by Prime Minister Justin Trudeau’s government to enact severe draconian COVID travel rules on all returning travelers to the country. 

Fernando chose to take her case to an appeal court following conviction, arguing that the Quarantine Act did not “authorize a screening officer to use a screening test which involved the entry into the traveller’s body of an instrument or other foreign body.”   

As LifeSiteNews previously reported there have been several instances of injuries after receiving the swabs, including leaking brain fluid due to the test puncturing the brain tissue.   

“The prosecution raised the point that perhaps the insertion into the nasal cavity did not involve the entry into the body,” Monahan stated. “I disagree. The insertion of a nasal swab into the nasal cavity is most definitely an insertion into the body.”  

“I am reversing the Justice of the Peace’s decision and entering a finding of not guilty,” he concluded. “Those are my reasons.”  

Besides potential brain tissue damage, COVID-19 nasal tests have been flagged for seriously questionable accuracy rates. One study authored by British and American scientists last year found that PCR nasal swab testing has only around 63% sensitivity. 

Severalotherstudies, as well as federalguidelines, have identified major accuracy issues with PCR tests and other means of testing for coronavirus. The most common PCR testing protocol for COVID-19 also has come under fire in December, when a coalition of scientists called for the retraction of the original article detailing the method, due to a lack of a properly peer-reviewed report. 

Pro-freedom lawyer Daniel Freiheit celebrated the decision, telling LifeSiteNews, “This ruling is a stark reminder that many laws may have been broken during COVID. I think this was caused by a collective fear of the unknown and a kind of mass panic.” 

“In times like that, it’s utmost to rely on first principles: basic freedoms that I had always been taught would act as checks and balances: freedom to speak, freedom to associate, freedom to deny novel medical treatment, right to retain counsel,” he continued.   

He explained that the ruling will give Canadians a sense of vindication since many knew the tests were invasive and unjust but complied out of fear.  

“Many people knew it was wrong and unlawful at the time but had no choice except to comply,” he said.  

“It was either that or face detainment at the border, harassment, fines, threats of more fines, threats of quarantine, etc,” Freiheit explained. “Submitting to this unlawful treatment was the easiest way out, especially for people coming into the country with medical conditions, tired children or frustrated travel partners.”  

This ruling is not the first time actions taken by the Trudeau government during COVID were found to be unlawful.

In January, the Trudeau government’s use of the Emergencies Act to end the Freedom Convoy protest against COVID mandates was ruled to have violated the Charter of Rights and Freedoms by Federal Court Justice Richard Mosley.  

According to the January ruling, the EA is meant to be reserved as a last resort if all other means fail. In Mosley’s judgement, this threshold was not met and thus, the Trudeau government violated the rights of Canadians.    

Shortly after the ruling, Trudeau announced that the government was appealing to the Federal Court of Appeal, a court where he has appointed 10 of the 15 judges. 

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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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