COVID-19
Court strikes secret police recording from trial and dismisses all charges against protestor
From the Justice Centre for Constitutional Freedoms
The Justice Centre for Constitutional Freedoms is pleased to announce that all charges against peaceful Freedom Convoy protestor Ben Spicer have been dropped. Mr. Spicer was arrested in Ottawa on February 19, 2022, and charged with mischief, obstructing justice, and weapons charges. In his decision, Justice Timothy Lipson ruled that a secret recording of Mr. Spicer violated his Charter rights.
Like thousands of other Canadians, Mr. Spicer attended the peaceful Freedom Convoy protest in the nation’s capital. He was standing near the intersection of Bank Street and Sparks Street when police struck him at least twice in the midsection. An officer pulled him off the ground and handed him over to another officer. His backpack and jacket were searched, revealing a can of bear spray and a folding pocketknife. He explained that these were from a recent hiking trip. He had not taken the items out of his backpack or jacket at any time during the protest.
Officers loaded Mr. Spicer into a police van – equipped with a video and audio recording device. Mr. Spicer was not aware that he was being recorded. There were no signs, and he was not told by the officers. At no point was Mr. Spicer able to access legal counsel.
His trial proceeded at the Ontario Court of Justice from November 6 to 8, 2023, and again from April 16 to 18, 2024. The Crown tried to submit the recording as evidence against Mr. Spicer. They argued that the Court should infer criminal activity from the contents of the recording and that Mr. Spicer had no reasonable expectation of privacy in a police vehicle. Mr. Spicer’s defence counsel disagreed. To rule that a detainee has no reasonable expectation of privacy while in police custody would be to favour the outcomes of law enforcement without any proper regard for the rights of detainees. His defence also argued that there was no evidence of criminal activity against Mr. Spicer and that his arrest was, therefore, unlawful.
On August 2, 2024, Justice Lipson ruled that Mr. Spicer had a reasonable expectation of privacy while in custody, especially since Mr. Spicer is presumed innocent until proven guilty. Because Justice Lipson found that the secret recording violated Mr. Spicer’s privacy rights, the recording was excluded as evidence from the trial.
Justice Lipson also found that police had no grounds for the arrest. Indeed, police had breached his right not to be arbitrarily detained or imprisoned – protected by section 9 of the Canadian Charter of Rights and Freedoms.
Because his arrest was unlawful, Justice Lipson ruled that the search of his backpack and jacket was also unlawful and excluded the contents as evidence as well. All Canadians have the right to be secure against unreasonable search and seizure – protected by section 8 of the Charter. Finally, Justice Lipson found that police had breached his right to retain and instruct counsel without delay – protected by section 10(b) of the Charter. All charges against Mr. Spicer were dismissed.
Lawyer Monick Grenier stated, “I am very satisfied that the judge recognized serious breaches of Mr. Spicer’s section 8, 9, and 10(b) Charter rights, and excluded the evidence after conducting an analysis, effectively gutting the Crown’s case.”
Mr. Spicer stated, “I am extremely grateful for everything that the Justice Centre and Ms. Grenier has done. I thank the Justice Centre for funding my defence, with particular thanks to all those who donated.”
From LifeSiteNews
The Democracy Fund (TDF) announced that it would represent members of the Amish community in Grey County, Ontario, to fight fines incurred for failing to follow COVID regulations, including using the once-mandated, scandal-ridden ArriveCAN app.
A pro-freedom legal group is defending an Amish community against COVID fines for allegedly breaking travel regulations.
In a September 18 press release, The Democracy Fund (TDF) announced that it would represent members of the Amish community in Grey County, Ontario, to fight fines incurred for failing to follow COVID regulations, including using the once-mandated, scandal-ridden ArriveCAN app.
“These are people who, due to their faith, do not use modern technology,” TDF senior litigation counsel Adam Blake-Gallipeau declared. “They travel by horse and buggy and are unfamiliar with operating a telephone, let alone an app on a present-day cell phone.”
TDF is defending seventy-four community members who were fined nearly $300,000 for failing to complete the ArriveCAN app, among other violations. During the COVID “pandemic,” the Trudeau government mandated that everyone leaving or entering Canada use the ArriveCAN app, which monitored and collected information from Canadians.
Since Amish communities do not use modern technology, they likewise did not use the ArriveCAN app. Additionally, TDF noted that many of the individuals were not properly notified about the tickets or trial dates and therefore did not attend their trials.
As a result, judges made convictions in their absence. The rulings included placing liens on their properties, “posing a severe threat to their community and livelihoods should the government force the sale of their lands.”
Amish communities survive almost solely off their land, through farming, gardening, and harvesting wood. The loss of their land would mean losing both their home and livelihood.
Therefore, TDF plans to file applications to reopen these convictions and hopefully to challenge the fines in court.
“We anticipate that this legal process may be lengthy, but with your support, TDF is committed to addressing and correcting this pandemic-related injustice,” TDF declared.
TDF’s announcement comes after the legal group offered free legal help for anyone with outstanding COVID-related fines.
Over the last couple of years, TDF has been active in helping Canadians persecuted under COVID mandates and rules fight back. Notable people it has helped include Dr. Kulvinder Kaur Gill, an Ontario pediatrician who has been embroiled in a legal battle with the College of Physicians and Surgeons of Ontario (CPSO) for her anti-COVID views. She has also had the help of Elon Musk.
It is worth noting that while the Amish may be using their religious beliefs as a defense against their refusal to use the ArriveCAN app, other legal experts have objected to the once-mandatory application on the grounds that it infringed on Canadians’ mobility rights and other rights to privacy.
From LifeSiteNews
Health Canada’s decision to approve the shots follows a bombshell study of Pfizer and Moderna COVID shots that shows “self-assembling nanostructures.”
Health Canada approved Moderna’s new MRNA COVID-19 vaccine for all Canadians over six months of age.
On September 17th, Moderna announced that its latest COVID-19 vaccine, targeting the KP.2 variant of SARS-COV-2, was approved by Health Canada, despite overwhelming evidence of the dangers of the shots.
“With vaccines ready, Moderna will begin delivery of updated doses to the Public Health Agency of Canada, ensuring supply is available in time for provincial and territorial vaccination campaigns,” the company said in a news release.
“Receiving the most recently updated COVID-19 vaccine is expected to provide a better immune response against circulating COVID-19 strains compared to earlier vaccines,” Moderna claimed. “It is especially important for those at increased risk for COVID-19 infection or severe COVID-19 illness.”
The promotion of the experimental shot comes over three years after government officially declared a COVID “pandemic” and forced Canadians to take the vaccine. Additionally, there has been no outbreak of COVID for several years.
Health Canada’s decision to approve the shots follows a bombshell study of Pfizer and Moderna COVID shots that shows “self-assembling nanostructures.”
According to the report, researchers in Korea observed what appear to be “self-assembling,” “synthetic” nanostructures such as spirals and tubes that form within the contents of the COVID Pfizer and Moderna mRNA shots over the course of months.
Canada’s promotion of the vaccine also comes as Canada’s program to compensate those injured by the COVID vaccines has reached $14 million, but the vast majority of claims remain unpaid.
Despite the need for a federal program to address those injured by the vaccines once mandated by the Trudeau government, Health Canada still says “it’s safe to receive a COVID-19 vaccine following infection with the virus that causes COVID-19. Vaccination is very important, even if you’ve had COVID-19.”
Interestingly, the claims of safety did not stop the Trudeau government from earmarking an extra $36 million for VISP in its 2024 budget.
The federal government is also continuing to purchase COVID jabs despite the fact the government’s own data shows that most Canadians are flat-out refusing a COVID booster injection.
Some people who were successful in getting payouts from VISP have said that the compensation awarded was insufficient considering the injuries sustained from the COVID shots.
As reported by LifeSiteNews last year, 42-year-old Ross Wightman of British Columbia launched a lawsuit against AstraZeneca, the federal government of Canada, the government of his province, and the pharmacy at which he was injected after receiving what he considers inadequate compensation from VISP.
He was one of the first citizens in Canada to receive federal financial compensation due to a COVID vaccine injury under VISP. Wightman received the AstraZeneca shot in April 2021 and shortly after became totally paralyzed. He was subsequently diagnosed with Guillain-Barré Syndrome.
Wightman was given a one-time payout of $250,00 and about $90,000 per year in income replacement but noted, as per a recent True North report, that he does not even know if those dollar amounts “would ease the pain.”
LifeSiteNews has published an extensive amount of research on the dangers of receiving the experimental COVID mRNA jabs, which include heart damage and blood clots.
The mRNA shots have also been linked to a multitude of negative and often severe side effects in children.
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