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COVID-19

ArriveCAN ticket case dismissed, but Charter rights remain in limbo

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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.”

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COVID-19

Former Trudeau minister faces censure for ‘deliberately lying’ about Emergencies Act invocation

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From LifeSiteNews

By Christina Maas of Reclaim The Net

Trudeau’s former public safety minister, Marco Mendicino, finds himself at the center of controversy as the Canadian Parliament debates whether to formally censure him for ‘deliberately lying’ about the justification for invoking the Emergencies Act.

Trudeau’s former public safety minister, Marco Mendicino, finds himself at the center of controversy as the Canadian Parliament debates whether to formally censure him for “deliberately lying” about the justification for invoking the Emergencies Act and freezing the bank accounts of civil liberties supporters during the 2022 Freedom Convoy protests.

Conservative MP Glen Motz, a vocal critic, emphasized the importance of accountability, stating, “Parliament deserves to receive clear and definitive answers to questions. We must be entitled to the truth.”

The Emergencies Act, invoked on February 14, 2022, granted sweeping powers to law enforcement, enabling them to arrest demonstrators, conduct searches, and freeze the financial assets of those involved in or supported, the trucker-led protests. However, questions surrounding the legality of its invocation have lingered, with opposition parties and legal experts criticizing the move as excessive and unwarranted.

On Thursday, Mendicino faced calls for censure after Blacklock’s Reporter revealed formal accusations of contempt of Parliament against him. The former minister, who was removed from cabinet in 2023, stands accused of misleading both MPs and the public by falsely claiming that the decision to invoke the Emergencies Act was based on law enforcement advice. A final report on the matter contradicts his testimony, stating, “The Special Joint Committee was intentionally misled.”

Mendicino’s repeated assertions at the time, including statements like, “We invoked the Emergencies Act after we received advice from law enforcement,” have been flatly contradicted by all other evidence. Despite this, he has yet to publicly challenge the allegations.

The controversy deepened as documents and testimony revealed discrepancies in the government’s handling of the crisis. While Attorney General Arif Virani acknowledged the existence of a written legal opinion regarding the Act’s invocation, he cited solicitor-client privilege to justify its confidentiality. Opposition MPs, including New Democrat Matthew Green, questioned the lack of transparency. “So you are both the client and the solicitor?” Green asked, to which Virani responded, “I wear different hats.”

The invocation of the Act has since been ruled unconstitutional by a federal court, a decision the Trudeau government is appealing. Critics argue that the lack of transparency and apparent misuse of power set a dangerous precedent. The Justice Centre for Constitutional Freedoms echoed these concerns, emphasizing that emergency powers must be exercised only under exceptional circumstances and with a clear legal basis.

Reprinted with permission from Reclaim The Net.

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COVID-19

Freedom Convoy leader Tamara Lich calls out Trudeau in EU Parliament address for shunning protesters

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From LifeSiteNews

By Anthony Murdoch

Speaking as an invited guest, Tamara Lich recounted how during the Freedom Convoy protests in 2022 calling for an end to COVID mandates that authorities treated the protesters like a ‘drug cartel.’

Tamara Lich, leader of Canada’s 2022 Freedom Convoy, was invited to speak before the European Parliament and wasted no time blasting Prime Minister Justin Trudeau for “hiding” from protesters instead of engaging in dialogue as he did with other activist groups.

“We have politicians calling us terrorists, domestic terrorists, racists, even accusing us of trying to burn down an apartment building,” she said during her address.

“This is not the Canada I grew up in.”

Lich was a guest at the EU Parliament by the Europe of Sovereign Nations group, which is a right-of-center faction. She was joined alongside MEP Christine Anderson to speak to the parliament located in Strasbourg, France.

Lich recounted how during the Freedom Convoy protests, which took place in January and February 2022 in Ottawa calling for an end to COVID mandates, authorities treated the protesters like a “drug cartel.”

“Our prime minister ran away and hid and refused to even send anyone out to talk to us. … As a matter of fact, he even said that he’s attended protests before but only those that he supports,” she said.

“In my opinion, the leader of a country leads all of their people, not just the ones who believe in the same ideology. That is his job, and he failed us. They all failed us.”

Lich in a later social media post to X noted how it was a “privilege and an honour to speak to the Europe of Sovereign Nations Group this evening about the treatment of hard-working, blue-collar Canadians and the brave truckers who stood up for all of us.”

“I was able to speak about the current political climate in Canada, the censorship of our media, lawfare and political prisoners (our beloved Coutts boys) and the freezing of bank accounts without Parliamentary oversight or court order from a judge among many other concerning and important issues we are facing as Canadians under this current regime,” Lich said. “Thank you to Madam Christine Anderson and the ESN Group for this amazing opportunity. I will never forget it.”

Lich still faces up to 10 years in jail for protesting government COVID mandates

Lich and co-leader Chris Barber’s trial concluded in September, more than a year after it began. It was originally scheduled to last 16 days.

As reported by LifeSiteNews, Lich and Barber’s verdict will be announced on March 12.

Lich and Barber face a possible 10-year prison sentence. LifeSiteNews reported extensively on their trial.

During Lich’s speech, Lich noted how she was thankful for “support” Canadians showed to the Freedom Convoy “in the form of donations which were that we were going to receive.”

“We honestly thought we would just drive there, you know a small group of us,” she said. “But what we saw, as you guys obviously did too, on the sides of the roads and on the overpasses, was an overwhelming number of Canadians out there to support us who finally felt hope for the first time in years. Who finally felt proud to be Canadian for the first time in years.”

The $24 million raised by GoFundMe was frozen on the orders of the government.

“The first GoFundMe campaign that we started was taking in $1 million a day as we travelled across the country. (It) was frozen after the politicians contacted GoFundMe and told them that we were ‘domestic terrorists’ and that they were ‘fighting terrorism,’” Lich said.

She recounted how the problems facing Canada under the Trudeau government are not just an issue at home but around the world.

“This is what they are trying to do,” said Lich, adding, “I see it everywhere, it’s to demoralize and bankrupt you, but I’m here to tell you that they picked on the wrong woman, and we’ll keep fighting.”

In early 2022, thousands of Canadians from coast to coast came to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government invoked the Emergencies Act on February 14. Trudeau revoked the EA on February 23.

The EA controversially allowed the government to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in assemblies the government deemed illegal.

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