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COVID-19

Court to hear Charter challenge to $5,000 ArriveCAN ticket

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5 minute read

From the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that a Notice of Constitutional Question has been filed in the ticket case of Elim Sly-Hooten. Mr. Sly-Hooten’s lawyers, provided by the Justice Centre, have requested a judicial pre-trial to schedule new times, and to agree on witnesses and procedures needed to make Charter arguments. The matter is scheduled to be heard on March 1, 2024, at 3:00 p.m. ET in Courtroom M4, 950 Burnhamthorpe Road West, Mississauga, Ontario. Mr. Sly-Hooten, who lives in British Columbia, returned to Canada from the Netherlands on July 30, 2022. He landed at Toronto’s Pearson International Airport. Once on the ground, he did not use the ArriveCAN app to disclose his Covid vaccination status. It is Mr. Sly-Hooten’s personal belief that this medical information should remain private. While overseas, Mr. Sly-Hooten tested positive for Covid. At Pearson International Airport, he provided Public Health Agency of Canada (PHAC) agents a certificate of recovery given to him by the Government of the Netherlands, proving he had natural immunity to Covid. Because he did not use the ArriveCAN app to disclose his vaccination status, however, Peel Regional Police and Public Health Agency of Canada (PHAC) personnel detained him. In custody, 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. At issue in the upcoming trial is whether the federal government can demand personal health information from someone just because they are at the border. Also, the relevance of vaccination status is questionable since it has been shown that vaccination does not affect infections or transmission; the vaccinated and unvaccinated transmit Covid at the same rate. Another issue is whether authorities can arbitrarily order people into detention.  In his defense, Mr. Sly-Hooten cites his Charter section 7 right to liberty, his section 8 right to be protected from unreasonable search and seizure, his section 9 right to be free from arbitrary arrest and detention, and his section 10(b) right to counsel after arrest and detention.  Mr. Sly-Hooten’s Notice of Constitutional Question follows the withdrawal of all charges in a similar ticket case.  Scott Bennett received an ArriveCAN ticket for not using the app at the Pearson International Airport around the time Mr. Sly-Hooten received his, on July 12, 2022. Mr. Bennett joined with ten others who had been fined or ordered into quarantine for not using the ArriveCAN app to launch a legal challenge  on August 24, 2022, commenced by lawyers provided by the Justice Centre. They wanted their tickets and detention declared unconstitutional.  On September 30, 2022, a few weeks after the Justice Centre’s lawyers sued the federal government over the mandatory use of this app, the government discontinued the ArriveCAN app. The court then decided that the constitutional challenge, known as Yates v. Attorney General of Canada, was “moot” (no longer relevant). The court would not hear the case based on its view that, since the app had been discontinued, there was nothing for the court to decide. The court disregarded the fact that the government could bring back the policy at any time. The Federal Court upheld that decision on July 19, 2023, though the Court acknowledged that each person ticketed could raise Charter challenges when fighting their fines. In fact, the federal government itself suggested at the first court hearing that the proper place for a constitutional challenge was when individuals contested their tickets. Based on this, Mr. Bennett, with lawyers provided by the Justice Centre, filed a Notice of Constitutional Question in his case. But when his day in court came, on January 16, 2024, the federal government’s witness failed to appear, and the charges against Mr. Bennett were withdrawn.It is possible that Mr. Sly-Hooten’s trial could meet with a similar fate. Chris Fleury, lawyer for Mr. Sly-Hooten, stated, “The requirement for unvaccinated Canadians to lock themselves in their houses for 14 days following international travel was the height of the federal government’s unscientific and irrational response to Covid. By the summer of 2022, it was widely understood that the vaccines did not stop the spread of Covid, even among vaccinated individuals. Mr. Sly-Hooton’s detention in his own house was entirely arbitrary where it provided no public health or other benefit.” 

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COVID-19

5 Stories the Media Buried This Week

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The Vigilant Fox

#5 – Anthony Fauci warns: “The next outbreak will be of a respiratory disease that’s easily transmissible, that has a significant degree of morbidity and mortality.”

“What is likely to happen,” Fauci says, “is the emergence of another respiratory disease.”

“It may be another coronavirus, because we know that coronaviruses, really, mostly in bats, have the capability of binding to receptors that are in humans.”

“It could be another flu,” Fauci continued. “We’re dealing with H5N1 now, which is bird flu, which has taken the somewhat disturbing step of infecting mammals, namely cows and cats and other mammals, which means it’s adapting itself more to a human.”

“So my concern, Walter, is that whenever that happens, the next outbreak will be of a respiratory disease that’s easily transmissible, that has a significant degree of morbidity and mortality,” Fauci said.

When asked if the cuts at HHS and “our attitude towards science” are making the situation “a little bit more dangerous,” Fauci replied, “Oh, absolutely!”

VIDEO: @TheChiefNerd

 

#4 – Dr. Oz drops bombshells on the massive waste, fraud, and abuse bleeding Medicare and Medicaid.

Oz explained that people are unknowingly signed up for coverage, illegal schemes are funneling taxpayer dollars to those who aren’t eligible, and the same patient can be billed in multiple states with no federal oversight catching it.

It also turns out that 230,000 Americans were enrolled in Obamacare plans without even knowing it.

#3 – Tucker Carlson is horrified to learn that over 9 million children have already received the COVID shot—and that the injections are still happening.

His reaction at the end of this clip says it all.

VIDEO: @McCulloughFund

While you’re here, don’t forget to subscribe to get this top 10 list emailed to you each week.

 

#2 – Jenny McCarty reveals chilling encounter after speaking out on vaccine issue.

• After going public about her son’s autism and the vaccine link, Jenny McCarthy received a private visit from a man with a warning.

• He claimed to work for a top-level PR firm and said he was approached by a government agency.

• His job? To create a campaign to discredit her and label her “anti-vaccine.”

• He said he turned down the offer—because his own child had gone through the same thing.

•The man warned her that they would find someone else to do it and use the media to come after her hard.

• McCarthy was stunned and asked him to repeat everything—she said she had chills all over her body.

• When she asked why they’d attack her despite her not being anti-vaccine, he replied, “Doesn’t matter.”

• According to him, they had the media on their side and would do whatever it took to bury her message.

#1 – Billionaire Democrat donor turned DOGE ally drops bombshell and says Biden’s border policies handed $13–15 billion a year to human traffickers—and helped import future Democratic voters.

“We gave $13 to $15 billion a year to human traffickers. That’s what this system did,” Antonio Gracias lamented.

Gracias’ team combed through voter rolls in four states and uncovered thousands of non-citizens not only registered to vote, but in many cases, actually voted.

“We looked at the voter rolls in four states, and we found thousands of these people [non-citizens] on the voter rolls, and we found many of those people had voted. In one state in particular, well over a thousand voted.”

His conclusion?

“I think this [Biden’s border policy] was a move to import voters.”

VIDEO: @KanekoaTheGreat

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COVID-19

Maxime Bernier slams Freedom Convoy leaders’ guilty verdict, calls Canada’s justice system ‘corrupt’

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From LifeSiteNews

By Anthony Murdoch

The leader of the People’s Party of Canada says Tamara Lich and Chris Barber were victims of a ‘political witch hunt.’

The leader of the People’s Party of Canada (PPC) ripped Thursday’s federal court ruling that found Freedom Convoy leaders Tamara Lich and Chris Barber guilty of mischief, saying the court siding with the government amounted to a “political witch hunt.”

“It is disheartening to learn that two of the heroes of the Freedom Convoy, @LichTamara and @ChrisBarber1975, have been found guilty of mischief in the longest and one of the costliest trials in Canadian history,” Maxime Bernier wrote Thursday on X.

“This clearly was a political witch hunt.”

Bernier added that in his view the reality is that Canada’s justice system is “corrupt.”

“Trudeau and his ministers who illegally invoked the Emergencies Act and violated basic rights will go unpunished,” he noted.

“Our justice system is corrupt to the bones.”

On Thursday, Justice Heather Perkins-McVey, the federal judge overseeing the mischief trial, delivered her verdict, finding both Lich and Barber guilty of mischief.

Perkins-McVey seemed to agree with the Crown’s case that Lich and Barber’s influence on the Freedom Convoy constituted public mischief but did dismiss the Crown’s Carter Application accusing Lich and Barber of conspiracy outright.

Lich and Barber both faced six charges each, those being charges of mischief, obstruction, intimidation, and counseling others to commit mischief and intimidation. After the court reconvened Thursday afternoon, Lich was acquitted of four of her six charges, with the fifth charge, counseling to commit mischief, being stayed by the judge.

As for sentencing, the court will reconvene on April 16 at 1:30 p.m. EST, at which time it will say when a date and time for sentencing will be held.

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

The Lich and Barber trial concluded in September 2024, more than a year after it began. It was only originally scheduled to last 16 days.

Lich and Barber were arrested on February 17, 2022, in Ottawa for their roles in leading the popular Freedom Convoy protest against COVID mandates. During COVID, Canadians were subjected to vaccine mandates, mask mandates, extensive lockdowns and even the closure of churches.

Despite the peaceful nature of the protest, Prime Minister Justin Trudeau and his Liberal government invoked the Emergencies Act to clear out protesters, an action a federal judge has since said was “not justified.” During the clear-out, an elderly lady was trampled by a police horse and many who donated to the cause had their bank accounts frozen.

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