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TDF files Notice of Constitutional Question for upcoming ArriveCAN trial

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News release from The Democracy Fund

TDF’s Legal Team Written by 

Court document filed by TDF alleges that ArriveCAN requirement was not properly specified by the Minister of Health.


The Democracy Fund (TDF) has filed a Notice of Constitutional Question in the Ontario Court of Justice over an ArriveCAN ticket issued to one of their “fight-the-fines” clients. The court application argues that the client had a reasonable expectation of privacy in the information the government demanded she disclose through ArriveCAN, which included information about her vaccination status. TDF further argues that this demand constituted an unreasonable seizure as it was not authorized by law.

While the Government of Canada has claimed that ArriveCAN was legally required starting in November 2020, TDF argues that the orders-in-council that purport to establish ArriveCAN make no reference to ArriveCAN. Rather, the orders say that information must be provided by an “electronic means specified by the Minister of Health.”

The question is, when and where did the Minister of Health specify ArriveCAN to be the electronic means referred to in the orders in council?

TDF’s litigation director, Alan Honner, says he made several inquiries to government ministries about when and where the Minister of Health actually specified ArriveCAN to be the electronic means set out in the orders in council. He never received an answer.

The only document TDF uncovered which specifies ArriveCAN as the electronic means set out in the orders-in-council is dated November 26, 2021, more than a full year after ArriveCAN was supposed to become legally mandatory.

“There is a real question about whether the government actually took the steps to make ArriveCAN legally binding on travellers prior to November 2021,” says TDF Litigation Director Alan Honner. “If the Minister of Health failed to make the specification as required by law except for this one time, then for at least an entire year, the government was telling us that ArriveCAN was legally required when it was not.”

TDF had previously filed an application in the Federal Court of Canada making this same argument. That application was dismissed for mootness because all COVID-19 border measures were rescinded within weeks of TDF filing its court documents.

TDF will be arguing at the upcoming trial that the November 26 document does not apply to their client. Among other things, the document refers to an order in council that was rescinded and not to the order in council that their client was charged with breaching.

“The good news is that the application cannot be struck for mootness because we are dealing with an active ticket,” says Honner. “The bad news is that the prosecution can avoid the argument by dropping the charges.”

The trial will take place on February 15, 2024.

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About The Democracy Fund:

Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.

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Bruce Dowbiggin

The Covid 19 Disaster: When Do We Get The Apologies?

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Breaking: Drs. Bonnie Henry and Theresa Tam have been appointed to the Order of Canada in recognition of their role in the country’s response to the COVID-19 pandemic.

And so the game of covid liar’s poker has more winners. It’s like awarding the captain of the Titanic the Nobel Prize for his work on floatation. As we now know these two— and the other WHO finger puppets in Canada— made the Covid 19 episode worse, not better, with their prescription for panic, positives and punishment. Even as they knew the truth about the limits of the virus and the efficacy of vaccines they continued to spew fallacious PCR data on the extent of the sickness and who was at risk.

Put simply, to protect vulnerable seniors they said kids were also at great risk. Which was unconscionable.

In this they encouraged Justin Trudeau in his worst instincts, combining his father’s insouciant disregard for civil rights (sending in the police) with his mother’s mental stability. Propped up by Team Tam and its U.S. allies such as Anthony Fauci, this hysteria peaked with a sequestered PM crushing the Truckers Convoy’s vaccine protest with emergency measures and destruction of civil liberties.

Lest you wonder, this overreach was recognized at the time. Justice Maclean wrote at the trial of Convoy organizers, “Defendants & other persons remain at liberty to engage in a peaceful, lawful & safe protest”. On Feb. 16, he continued a no-honking order, again writing:  “Defendants & other persons remain  at liberty to engage in a peaceful, lawful & safe protest.”

The leaders of the Convoy, lynched by Canadian media’s phoney claims of right-wing American interference, are still fighting jail time on charges of nuisance. While violent criminals are routinely released on bail or absolved.

Justice Richard Mosley later concluded that while the convoy was a disruption of public order, it didn’t constitute a national emergency and invoking the act “does not bear the hallmarks of reasonableness — justification, transparency and intelligibility.” But in real time Team Tam made no attempts to correct the wilder misgivings about Covid (lockdowns, mandatory vaccines). Trudeau was given a hall pass. Needless to say the purchased media made things infinitely worse regurgitating these mistakes.

In short, they knew better but hid the truth. But why pick on Henry and Tam? Under Trudeau and his wingman Jagmeet Singh this was the golden age of lies and prevarications in Canada and the U.S. No apologies were ever offered when the truth emerged.

As we’ve noted before, Trudeau cried with a teddy bear carefully positioned over 751 alleged unmarked graves in a known Catholic cemetery that the local Cowessess band abandoned. The Liberal government knew the claim of 215 “children’s graves” was false, and still ran with it to get Trudeau his photo-op. Naturally the CBC Media Party played (and still plays) accomplice in this farce as the Canadian flag was lowered to half-mast for six months and Trudeau ratted out Canada at the UN as a genocidal state.

There were more, plenty more Trudeau scandals that media endorsed and then stood by even as the truth was revealed. SNC Lavalin. We Charity. Arrive Can app. Firing indigenous justice minister. Chinese drug infiltration/ money laundering. Nazi Celebrated in Parliament. Welcome To Canada immigration. Nova Scotia massacre. McKinsey Consultation. Blackface. And so on.

And were there apologies when it came time to make the Trudeau Liberals accountable? No, they staged a media circus over Donald Trump’s assertion of 51st state. All the fake news and deliberate lies went poof, allowing Mark Carney to seamlessly assume the PM job.

Lest We Forget Pt. 2 it was not exclusive to Canada. As we are now learning: Barack Obama and Joe Biden sat in an August 3, 2016 Situation Room briefing and said, yeah, let the highest officials in our administration fabricate evidence to frame the opposing party candidate Donald Trump. Obama. Biden. Comey. McCabe. Strzok. Page. Rice. Etc.

Knowingly using the faked Clinton campaign ‘Steele Dossier’ hoax, they launched a federal investigation into the Trump presidential campaign that lasted three years after Trump was sworn in as the nation’s 45th President. Arresting and jailing his partners and colleagues. Inventing fake stories for their media enablers. Let’s repeat that. Saint Obama knew there was criminal activity in the process but let his henchmen try to fix an election.

And when the ruse was uncovered no one apologized. No one in authority was fired or jailed. The Pulitzer Prizes awarded to the NT Times and Washington Post for disseminating the DEMs scandal were not rescinded. Nor were they given back by the lying newspapers.

The concerted frauds of the same U.S. DOJ, FBI and State Departments were fed by media and accepted by gullible publics in Canada and America. The fantastical 2020 election results were likewise drummed into the public irrespective of the sudden “appearance” of 27 million new votes during a pandemic.

It was all a fitting preamble to the 2020-2024 Biden senility scandal with Democrats running a man they knew was in full dementia. In the 2020 election Biden was hidden from public view, the better to let media attack Trump for spurious charges launched by partisan DNC attorneys in Georgia, New York and DC. Even then it took the suppression of Hunter Biden’s incriminating laptop just prior to the election to get his father elected.

The dance of denial continued in Biden’s term as he physically and mentally deteriorated before the American public. But inquiries about who was running the government if not Biden were harshly suppressed. Media lackeys noted he was sharp as a tack mentally and in tip-top physical condition when he wasn’t falling down stairs.

It took the stunning 2024 debate debacle with Trump to strip away the lies about Biden’s health, now said to be advanced prostate cancer and Parkinson’s. The media, caught in their own lies about Biden’s condition, offered no apologies and tried to blame Biden’s stutter for the performance.. Right.

These were the two greatest U.S. hoaxes from people who’d cried hoax incessantly. They were hardly the only abuse of public trust. Some of the perpetrators are said to now be under investigation— even as they hand out awards to each other. The media’s credibility is shattered and yet they still blame others. Jaded voters are taking a “we’ll see” approach. But expectations of any change in DC or Ottawa are limited.

As Stephen Taylor posted on X: “Turns out for Liberals, ‘elbows up’ just means ‘noses up’ like it always has.”

Bruce Dowbiggin @dowbboy is the editor of Not The Public Broadcaster  A two-time winner of the Gemini Award as Canada’s top television sports broadcaster, his new book Deal With It: The Trades That Stunned The NHL And Changed hockey is now available on Amazon. Inexact Science: The Six Most Compelling Draft Years In NHL History, his previous book with his son Evan, was voted the seventh-best professional hockey book of all time by bookauthority.org . His 2004 book Money Players was voted sixth best on the same list, and is available via brucedowbigginbooks.ca.

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Freedom Convoy

Court Orders Bank Freezing Records in Freedom Convoy Case

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A Canadian court has ordered the release of documents that could shed light on how federal authorities and law enforcement worked together to freeze the bank accounts of a protester involved in the Freedom Convoy.
Both the RCMP and TD Bank are now required to provide records related to Evan Blackman, who took part in the 2022 demonstrations and had his accounts frozen despite not being convicted of any crime at the time.
The Justice Centre for Constitutional Freedoms (JCCF) announced the Ontario Court of Justice ruling. The organization is representing Blackman, whose legal team argues that the actions taken against him amounted to a serious abuse of power.
“The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government,” said his lawyer, Chris Fleury. “These records will hopefully reveal exactly how and why Mr. Blackman’s accounts [were] frozen.”
Blackman was arrested during the mass protests in Ottawa, which drew thousands of Canadians opposed to vaccine mandates and other pandemic-era restrictions.
Although he faced charges of mischief and obstructing police, those charges were dismissed in October due to a lack of evidence. Despite this, prosecutors have appealed, and a trial is set to begin on August 14.
At the height of the protests, TD Bank froze three of Blackman’s accounts following government orders issued under the Emergencies Act. Then-Prime Minister Justin Trudeau had invoked the act to grant his government broad powers to disrupt the protest movement, including the unprecedented use of financial institutions to penalize individuals for their support or participation.
In 2024, a Federal Court Justice ruled that Trudeau’s decision to invoke the act had not been justified.
Blackman’s legal team plans to use the newly released records to demonstrate the extent of government intrusion into personal freedoms.
According to the JCCF, this case may be the first in Canada where a criminal trial includes a Charter challenge over the freezing of personal bank accounts under emergency legislation.
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