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ArriveCAN charges dropped, shielding the controversial program from constitutional scrutiny

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News release from the Justice Centre for Constitutional Freedoms 

The Justice Centre for Constitutional Freedoms announces that City of Mississauga prosecutors have withdrawn five charges against four Canadians who refused to comply with ArriveCAN requirements at the Toronto Pearson International Airport.

The withdrawn charges include those against Elim Sly-Hooten of British Columbia. After arriving in Toronto from the Netherlands, Mr. Sly-Hooten felt that his personal medical information should remain private and chose not to disclose his vaccination status via ArriveCAN. In response, Peel Regional Police and Public Health Agency of Canada personnel detained him. Under pressure and without counsel, Mr. Sly-Hooten broke down and revealed his vaccination status. He received a $5,000 ticket for violating the Quarantine Act and was ordered to quarantine in his home for 14 days.

With help from the Justice Centre, Mr. Sly-Hooten launched a constitutional challenge against ArriveCAN, citing his right to liberty, his right to be protected from unreasonable search and seizure, his right to be free from arbitrary arrest and detention, and his right to counsel after arrest and detention – all protected by the Canadian Charter of Rights and Freedoms.

Prosecutors also withdrew tickets against Mark Spence, Aaron Grubb, and Evan Kraayenbrink. Like Mr. Sly-Hooten, each were charged for choosing not to provide information via ArriveCAN and were ordered to quarantine for 14 days. Prosecutors have withdrawn the charges because they believe it is not in the public interest to expend further resources on a trial. This outcome follows a similar pattern of ArriveCAN-related charges being dropped before their trials in what appears to be an attempt to shield the controversial program from constitutional scrutiny. In other words, charges are being dropped before the merits of constitutional challenges to ArriveCAN can be heard by the courts.

Beside the constitutional question, ArriveCAN has been dogged by bad publicity since its implementation. Canada Border Services Agency launched ArriveCAN in April 2020 in response to the World Health Organization’s declaration of a global pandemic. Since then, ArriveCAN has cost Canadians an estimated $59.5 million (not counting in-house costs), according to the Auditor General of Canada in her February 12, 2024 performance audit report.

ArriveCAN was mandatory for all air, land, and marine travellers between November 2021 and October 2022. During that time, the program erroneously ordered 10,000 Canadians to quarantine in a significant breach of the Privacy Act, according to a 2023 report from the Office of the Privacy Commissioner of Canada. The program violated many of the rights and freedoms protected by the Canadian Charter of Rights and Freedoms.

Lawyer Chris Fleury stated, “This outcome is bittersweet for each of our clients. It is positive for each of them personally. On the other hand, they were deeply interested in seeking a determination of the constitutionality of the irrational and unscientific decision forcing unvaccinated Canadians to quarantine. The federal government has again escaped accountability for Covid policy decisions that breached Canadians’ Charter rights.”

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COVID-19

‘Mind-boggling’: Billions gone and little to show for it years after rampant COVID fraud

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From The Center Square

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“The estimated amounts of waste, fraud, and abuse in COVID-related programs are simply … mind-boggling,” Subcommittee on Government Operations and the Federal Workforce Chairman Pete Sessions, R-Texas, said at the hearing. “Half a trillion dollars. Maybe more. Much of it lost to criminal actors and our enemies. Often using comically simple tactics.”

Years after the passage of federal COVID-era relief and the subsequent loss of likely hundreds of billions of those taxpayer dollars, lawmakers are still unsure where that money went, how to get it back, and seemingly have done little to prevent it from happening again.

Federal watchdog and other reports estimate anywhere from $200 billion to half a trillion was lost to waste, fraud and abuse across various federal and state COVID-era programs.

“Insiders, including those who worked for state workforce agencies, conspired with organized crime factions and other individuals to defraud state UI programs and the states did little to stop them,” a Republican-led House Oversight Committee report released this week said. “Some states even hired individuals convicted of identity theft to process UI claims.”

Examples like that and the scope of the amount lost was the subject of a House Oversight hearing this week where lawmakers on both sides of the aisle and experts grappled with the scope of the lost funds and what to do about it.

“The estimated amounts of waste, fraud, and abuse in COVID-related programs are simply … mind-boggling,” Subcommittee on Government Operations and the Federal Workforce Chairman Pete Sessions, R-Texas, said at the hearing. “Half a trillion dollars. Maybe more. Much of it lost to criminal actors and our enemies. Often using comically simple tactics.”

The most common among those tactics was stealing unemployment dollars doled out by the federal government during the pandemic.

One inspector general report from the Small Business Adminstration estimated at least $200 billion in taxpayer money was lost.

“We estimate that SBA disbursed over $200 billion in potentially fraudulent COVID-19 EIDLs, EIDL Targeted Advances, Supplemental Targeted Advances, and PPP loans,” the report said. “This means at least 17 percent of all COVID-19 EIDL and PPP funds were disbursed to potentially fraudulent actors.”

Nearly all of those “fraudulent actors” have so far gotten away with the theft.

Congress approved $40 million for the Pandemic Response Accountability Committee, tasked with finding and preventing fraud. That committee and other investigative efforts have shown the COVID-era fraud was rampant and that little has been done to recover those funds.

That committee’s authority expires next year.

“Every dollar that goes to a fraudster doesn’t go to the small business, to the unemployed, to others that Congress were intending to help,” Michael Horowitz, Chair of PRAC, said at the oversight hearing this week. “If we want to continue to advance the fight against improper payments and fraud, we shouldn’t allow this important and fraud fighting tool to expire.”

Horowitz also said at the hearing that there is “clearly insufficient” access to data for oversight, such as accessing Social Security Administration’s death database so that payments are not sent to deceased individuals. He also pushed for his authority to be expanded to helping other agencies.

Orice Williams Brown, chief operating officer at the U.S. Government Accountability Office, also testified at the hearing that federal agencies can do more to prevent fraud of this kind. But federal agencies are not alone in the blame.

The House Oversight report released this week is called the “Widespread Failures and Fraud in Pandemic Unemployment Relief Programs” showing that states mishandled funds doled out by the federal government for unemployment insurance, sometimes with little oversight.

From the report:

The U.S. Government Accountability Office (GAO) estimates 11 to 15 percent of total benefits paid during the pandemic were fraudulent, totaling between $100 to $135 billion. The Department of Labor (DOL) Office of Inspector General (OIG) estimates that at least $191 billion in pandemic UI payments could have been improperly paid, with a significant portion attributable to fraud. As of March 2023, states reported recoveries of improper payments in an amount of only $6.8 billion.

The design of the Pandemic Unemployment Assistance (PUA) program led to massive fraud. During the program’s first nine months, claimants did not have to provide any evidence of earnings or prior work which made the program susceptible to fraud. DOL reported that the PUA program had a total improper payment rate of 35.9 percent.

Both sides have lamented the lost taxpayer dollars, but so far little has been done to prevent it from happening again, even as Congress continues to pass multi-trillion dollar spending bills often with little time for lawmakers to review.

Lawmakers passed two bills in 2023 to increase reporting from federal agencies on fraud and to prevent those previously convicted of financial crimes from receiving certain federal payment.

The House Oversight report recommended stronger security measures, cross checking with other relevant databases, more oversight and transparency, and more documentation from benefit recipients.

“If this is not a call to action…” Sessions said at the hearing. “I simply do not know what is.”

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Andrew Cuomo had aides manipulate death stats to cover up COVID record, report finds

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From LifeSiteNews

By Calvin Freiburger

Republican Brad Wenstrup, chairman of the House subcommittee, explained that ‘the Cuomo Administration is responsible for recklessly exposing New York’s most vulnerable population to COVID-19’

Former New York Democrat Gov. Andrew Cuomo personally edited state COVID-19 statistics to downplay deaths caused by his placement of contagious people in nursing homes, a new congressional investigation found.

For months, New York was the hardest hit of any state by the pandemic, due in large part to the coronavirus spreading within the state’s nursing homes. Cuomo, who resigned in 2021 over sexual harassment claims, ordered that nursing homes cannot turn away patients diagnosed with COVID-19 despite the fact the virus was most dangerous to the elderly.

He initially tried to blame nursing home deaths on the Trump administration by claiming that a federal Centers for Disease Control and Prevention (CDC) guidance forced him to put the infected back in nursing homes (the CDC actually called for elderly housing decisions to be made on a case-by-case basis). But even the office of New York Attorney General (and fellow Democrat) Letitia James found Cuomo’s administration undercounted COVID-19 deaths in nursing homes by as much as half.

A 2021 report by the Judiciary Committee of the New York State Assembly found that Cuomo and his senior aides edited state COVID-19 reports and undercounted nursing home deaths “on multiple occasions” to “strengthen the defense” of his order by excluding COVID deaths that occurred once patients left their nursing home.

On Monday, the U.S. House Select Subcommittee on the Coronavirus Pandemic released a memo confirming those findings, National Review reported.

“The Cuomo Administration is responsible for recklessly exposing New York’s most vulnerable population to COVID-19,” subcommittee chair Brad Wenstrup, a Republican from Ohio, said. “Today’s memo holds Mr. Cuomo and his team accountable for their failures and provides the most detailed and comprehensive accounting of New York’s pandemic-era wrongdoing.”

The committee found that Cuomo assistant Stephanie Benson emailed top aides to get out a “report on the facts” to prevent the governor’s nursing home directive from becoming a “great debacle in the history books. Cuomo has publicly denied involvement in creating the report, his former adviser, Jim Malatras, testified that Cuomo made his desires clear to the authors through his aids and handwritten notes, and even reviewed and edited the document himself multiple times.

Former New York State Department of Health official Dr. Eleanor Adams told investigators that her department did not independently author the report or was it peer reviewed. Others testified that the decision to remove out-of-facility deaths from the count came from the New York Executive Chamber, i.e., the governor’s cabinet.

Cuomo himself testified before the subcommittee this week, where he continued to maintain his innocence. He did, however, admit that he never spoke to anyone at the CDC or Centers for Medicare and Medicaid Services about the scientific justification for his nursing home directive before issuing it.

In May, U.S. Supreme Court Justice Neil Gorsuch penned an opinion identifying America’s COVID response measures as “the greatest intrusions on civil liberties in the peacetime history of this country,” against which Congress, state legislatures, and courts alike were largely negligent to protect constitutional rights, personal liberty, and the rule of law.

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