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

Published

1 year ago

7 minute read

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. 

Several other studies, as well as federal guidelines, 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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Trump DOJ dismisses charges against doctor who issued fake COVID passports

Published on July 14, 2025

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From LifeSiteNews

By Calvin Freiburger

Attorney General Pam Bondi has ended the federal prosecution of Dr. Michael Kirk Moore for giving ‘patients a choice when the federal government refused to do so.’

The Utah plastic surgeon who issued fake COVID-19 vaccine passports to help patients get around COVID vaccine mandates will no longer be prosecuted, U.S. Attorney General Pam Bondi announced Saturday.

During the COVID pandemic, Dr. Michael Kirk Moore Jr. and employees at his Salt Lake private practice developed a plan to provide patients who objected to being forced to take the vaccine with ineffectual, harmless saline injections instead and give them COVID vaccination cards that would satisfy (since rescinded) mandates to take the shot as a condition of employment, public facilities, mass gatherings, and more.

For his efforts, he was indicted for allegedly “endanger[ing] the health and well-being of a vulnerable population” and “undermin[ing] public trust and the integrity of federal health care programs.” The government also accused him of doing so for profit, but several sources attested off the record that Moore not only issued the cards for free but actually refused offers of compensation.

“They broke no laws and harmed no person,” the defendants’ legal team said in 2023. “Dr. Moore, specifically, abided by his long held Hippocratic oath to First Do No Harm. We believe he and his co-defendants will be found innocent of all charges.”

Last month, LifeSiteNews reported that Moore’s trial was set to begin on July 7, which could have potentially ended with him facing 35 years in jail and a $125,000 penalty. Supporters of the doctor had expressed worry that the change in presidential administration had not yet halted the prosecution.

Over the weekend, however, Bondi announced that at her direction it has now done exactly that.

“Dr. Moore gave his patients a choice when the federal government refused to do so,” she said. “He did not deserve the years in prison he was facing. It ends today.”

 

The federal Vaccine Adverse Event Reporting System (VAERS) reports 38,709 deaths, 221,030 hospitalizations, 22,331 heart attacks, and 28,966 myocarditis and pericarditis cases as of June 27, among other ailments. U.S. Centers for Disease Control & Prevention (CDC) researchers have recognized a “high verification rate of reports of myocarditis to VAERS after mRNA-based COVID-19 vaccination,” leading to the conclusion that “under-reporting is more likely” than over-reporting.

An analysis of 99 million people across eight countries published in the journal Vaccine “observed significantly higher risks of myocarditis following the first, second and third doses” of mRNA-based COVID vaccines, as well as signs of increased risk of “pericarditis, Guillain-Barré syndrome, and cerebral venous sinus thrombosis,” and other “potential safety signals that require further investigation.”

In April 2024, the U.S. Centers for Disease Control & Prevention (CDC) was forced to release by court order 780,000 previously undisclosed reports of serious adverse reactions, and a study out of Japan found “statistically significant increases” in cancer deaths after third doses of mRNA-based COVID-19 vaccines, and offered several theories for a causal link.

In January, a long-awaited Florida grand jury report on the COVID vaccine manufacturers found that while only a miniscule percentage of the millions of vaccinations resulted in serious harm based on the data it had access to, such events do occur, and there are “profound and serious issues” in pharmaceutical companies’ review process, including reluctance to share what evidence of adverse events they did find.

In May, Trump administration U.S. Food & Drug Administration (FDA) Commissioner Dr. Marty Makary and vaccine chief Dr. Vinay Prasad announced that there would no longer be blanket recommendations for all Americans to receive the shot, but the “risk factors” it would still be recommended for include asthma, cancer, cerebrovascular disease, chronic kidney diseases, a handful of chronic liver and lung diseases, diabetes, disabilities such as Down’s syndrome, heart conditions, HIV, dementia, Parkinson’s, obesity, smoking, tuberculosis, and more. Health & Human Services (HHS) Secretary Robert F. Kennedy Jr. subsequently announced COVID vaccines will not be recommended to healthy children or pregnant women.

The Trump administration has approved a new mRNA-based COVID-19 vaccine from Moderna, suggesting the federal government’s overall view of the shots will remain favorable, albeit without mandates of any kind. At the same time, it does require mRNA COVID shots to carry a new warning about the danger of heart damage in young men.

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Carney Liberals quietly award Pfizer, Moderna nearly $400 million for new COVID shot contracts

Published on July 14, 2025

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From LifeSiteNews

By Clare Marie Merkowsky

Carney’s Liberal government signed nearly $400 million in contracts with Pfizer and Moderna for COVID shots, despite halted booster programs and ongoing delays in compensating Canadians for jab injuries.

Prime Minister Mark Carney has awarded Pfizer and Moderna nearly $400 million in new COVID shot contracts.

On June 30th, the Liberal government quietly signed nearly $400 million contracts with vaccine companies Pfizer and Moderna for COVID jabs, despite thousands of Canadians waiting to receive compensation for COVID shot injuries.

The contracts, published on the Government of Canada website, run from June 30, 2025, until March 31, 2026. Under the contracts, taxpayers must pay $199,907,418.00 to both companies for their COVID shots.

Notably, there have been no press releases regarding the contracts on the Government of Canada website nor from Carney’s official office.

Additionally, the contracts were signed after most Canadians provinces halted their COVID booster shot programs. At the same time, many Canadians are still waiting to receive compensation from COVID shot injuries.

Canada’s Vaccine Injury Support Program (VISP) was launched in December 2020 after the Canadian government gave vaccine makers a shield from liability regarding COVID-19 jab-related injuries.

There has been a total of 3,317 claims received, of which only 234 have received payments. In December, the Canadian Department of Health warned that COVID shot injury payouts will exceed the $75 million budget.

The December memo is the last public update that Canadians have received regarding the cost of the program. However, private investigations have revealed that much of the funding is going in the pockets of administrators, not injured Canadians.

A July report by Global News discovered that Oxaro Inc., the consulting company overseeing the VISP, has received $50.6 million. Of that fund, $33.7 million has been spent on administrative costs, compared to only $16.9 million going to vaccine injured Canadians.

The PHAC’s downplaying of jab injuries is of little surprise to Canadians, as a 2023 secret memo revealed that the federal government purposefully hid adverse effect so as not to alarm Canadians.

The secret memo from former Prime Minister Justin Trudeau’s Privy Council Office noted that COVID jab injuries and even deaths “have the potential to shake public confidence.”

“Adverse effects following immunization, news reports and the government’s response to them have the potential to shake public confidence in the COVID-19 vaccination rollout,” read a part of the memo titled “Testing Behaviourally Informed Messaging in Response to Severe Adverse Events Following Immunization.”

Instead of alerting the public, the secret memo suggested developing “winning communication strategies” to ensure the public did not lose confidence in the experimental injections.

Since the start of the COVID crisis, official data shows that the virus has been listed as the cause of death for less than 20 children in Canada under age 15. This is out of six million children in the age group.

The COVID jabs approved in Canada have also been associated with severe side effects, such as blood clots, rashes, miscarriages, and even heart attacks in young, healthy men.

Additionally, a recent study done by researchers with Canada-based Correlation Research in the Public Interest showed that 17 countries have found a “definite causal link” between peaks in all-cause mortality and the fast rollouts of the COVID shots, as well as boosters.

Interestingly, while the Department of Health has spent $16 million on injury payouts, the Liberal government spent $54 million COVID propaganda promoting the shot to young Canadians.

The Public Health Agency of Canada especially targeted young Canadians ages 18-24 because they “may play down the seriousness of the situation.”

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