COVID-19
ArriveCAN ticket case dismissed, but Charter rights remain in limbo

News release from the Justice Centre for Constitutional Freedoms
The Justice Centre is pleased to announce that the charge against Scott Bennett for not using the ArriveCAN app has been dismissed. An officer for the Public Health Agency of Canada, who was to be a witness at trial, failed to appear at the Ontario Court of Justice. So, on January 16, 2024, the public prosecutor withdrew all charges. Returning from a trip abroad on July 12, 2022, Mr. Bennett was issued a ticket at the Pearson International Airport for not using the controversial ArriveCAN app to disclose his Covid vaccination status. He filled in the back of the ticket, requesting an early resolution meeting with the prosecutor. Legal counsel, supported by the Justice Centre, attended that meeting and informed the prosecutor that they intended to raise Charter issues to defend Mr. Bennett against the prosecution. In particular, Charter section 8 prohibits unjustified search and seizure, and Charter section 9 prohibits arbitrary arrest and detention. The defence was prepared to argue that being forced to disclose vaccination status violates Charter section 8, and that the quarantine mandate violates Charter section 9. Mr. Bennett then received a trial notice that his case was to be heard at the Mississauga Provincial Offenses Court – usually reserved for traffic tickets with fines of less that $1,000. That court set the trial date without input from the defense. If that trial had proceeded, Mr. Bennett would have had only a few minutes to present his Charter arguments. His counsel filed a Notice of Constitutional Question on December 20, 2023, restating their intention to raise section 8 and 9 Charter issues, and then filed a motion to adjourn to trial. This would have allowed the defense enough time to fully argue the Charter issues. The January 2024 court date was then set. But when that day came, there was no witness for the prosecution. As a result, the charge against Mr. Bennett was dismissed. In 2022, Mr. Bennett was one of 11 applicants requesting a judicial review, supported by the Justice Centre, that challenged the constitutionality of the ArriveCAN app in Yates v. Attorney General of Canada. The federal policy of requiring Canadians to use the ArriveCAN app when returning to Canada was discontinued on September 30, 2022. The Federal Government then brought a motion to dismiss the case for mootness (irrelevance), which the court granted. The decision to dismiss the challenge to ArriveCAN for mootness was affirmed by the Federal Court of Appeal in July 2023, although the Court also ruled that Canadians could still pursue constitutional challenges when fighting their ArriveCAN tickets. That’s what Mr. Bennett had hoped to do, but the prosecution witness failed to appear. Chris Fleury, counsel for Mr. Bennett, stated, “Mr. Bennett is obviously thrilled with this outcome, which is very positive for him personally. At the same time, we are both disappointed that the constitutionality of the Federal Government’s decision to detain citizens based on their vaccination status may never see judicial scrutiny. Tomorrow morning, the Federal Government could make it mandatory for all returning Canadians to use ArriveCAN, and there would be no court ruling on the books about whether this mandatory requirement complies with the Charter.”
2025 Federal Election
Mark Carney refuses to clarify 2022 remarks accusing the Freedom Convoy of ‘sedition’

From LifeSiteNews
Mark Carney described the Freedom Convoy as an act of ‘sedition’ and advocated for the government to use its power to crush the non-violent protest movement.
Canadian Prime Minister Mark Carney refused to elaborate on comments he made in 2022 referring to the anti-mandate Freedom Convoy protest as an act of “sedition” and advocating for the government to put an end to the movement.
“Well, look, I haven’t been a politician,” Carney said when a reporter in Windsor, Ontario, where a Freedom Convoy-linked border blockade took place in 2022, asked, “What do you say to Canadians who lost trust in the Liberal government back then and do not have trust in you now?”
“I became a politician a little more than two months ago, two and a half months ago,” he said. “I came in because I thought this country needed big change. We needed big change in the economy.”
Carney’s lack of an answer seems to be in stark contrast to the strong opinion he voiced in a February 7, 2022, column published in the Globe & Mail at the time of the convoy titled, “It’s Time To End The Sedition In Ottawa.”
In that piece, Carney wrote that the Freedom Convoy was a movement of “sedition,” adding, “That’s a word I never thought I’d use in Canada. It means incitement of resistance to or insurrection against lawful authority.”
Carney went on to claim in the piece that if “left unchecked” by government authorities, the Freedom Convoy would “achieve” its “goal of undermining our democracy.”
Carney even targeted “[a]nyone sending money to the Convoy,” accusing them of “funding sedition.”
Internal emails from the Royal Canadian Mounted Police (RCMP) eventually showed that his definition of sedition were not in conformity with the definition under Canada’s Criminal Code, which explicitly lists the “use of force” as a necessary aspect of sedition.
“The key bit is ‘use of force,’” one RCMP officer noted in the emails. “I’m all about a resolution to this and a forceful one with us victorious but, from the facts on the ground, I don’t know we’re there except in a small number of cases.”
Another officer replied with, “Agreed,” adding that “It would be a stretch to say the trucks barricading the streets and the air horns blaring at whatever decibels for however many days constitute the ‘use of force.’”
The reality is that the Freedom Convoy was a peaceful event of public protest against COVID mandates, and not one protestor was charged with sedition. However, the Liberal government, then under Justin Trudeau, did take an approach similar to the one advocated for by Carney, invoking the Emergencies Act to clear-out protesters. Since then, a federal judge has ruled that such action was “not justified.”
Despite this, the two most prominent leaders of the Freedom Convoy, Tamara Lich and Chris Barber, still face a possible 10-year prison sentence for their role in the non-violent assembly. LifeSiteNews has reported extensively on their trial.
COVID-19
17-year-old died after taking COVID shot, but Ontario judge denies his family’s liability claim

From LifeSiteNews
Ontario Superior Court Justice Sandra Antoniani ruled that the Department of Health had no ‘duty of care’ to individual members of the public in its pandemic response.
An Ontario judge dismissed a liability claim from a family of a high schooler who died weeks after taking the COVID shot.
According to a published report on March 26 by Blacklock’s Reporter, Ontario Superior Court Justice Sandra Antoniani ruled that the Department of Health had no “duty of care” to a Canadian teenager who died after receiving a COVID vaccine.
“The plaintiff’s tragedy is real, but there is no private law duty of care made out,” Antoniani said.
“There is no private law duty of care to individual members of the public injured by government core policy decisions in the handling of health emergencies which impact the general population,” she continued.
In September 2021, 17-year-old Sean Hartman of Beeton, Ontario, passed away just three weeks after receiving a Pfizer-BioNtech COVID shot.
After his death, his family questioned if health officials had warned Canadians “that a possible side effect of receiving a Covid-19 vaccine was death.” The family took this petition to court but has been denied a hearing.
Antoniani alleged that “the defendants’ actions were aimed at mitigating the health impact of a global pandemic on the Canadian public. The defendants deemed that urgent action was necessary.”
“Imposition of a private duty of care would have a negative impact on the ability of the defendants to prioritize the interests of the entire public, with the distraction of fear over the possibility of harm to individual members of the public, and the risk of litigation and unlimited liability,” she ruled.
As LifeSiteNews previously reported, Dan Hartman, Sean’s father, filed a $35.6 million lawsuit against Pfizer after his son’s death.
Hartman’s family is not alone in their pursuit of justice after being injured by the COVID shot. 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.
However, only 103 claims of 1,859 have been approved to date, “where it has been determined by the Medical Review Board that there is a probable link between the injury and the vaccine, and that the injury is serious and permanent.”
Thus far, VISP has paid over $6 million to those injured by COVID injections, with some 2,000 claims remaining to be settled.
According to studies, post-vaccination heart conditions such as myocarditis are well documented in those, especially young males who have received the Pfizer jab.
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.
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