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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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Alberta

Medical regulator stops short of revoking license of Alberta doctor skeptic of COVID vaccine

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From LifeSiteNews

By Anthony Murdoch

The Democracy Fund has announced that COVID-skeptic Dr. Roger Hodkinson will retain his medical license after a successful appeal against allegations of ‘unprofessional conduct’ by the College of Physicians and Surgeons of Alberta.

A doctor who called for officials to be jailed for being complicit in the “big kill” caused by COVID measures will get to keep his medical license thanks to a ruling by a Canadian medical regulator.

The Democracy Fund (TDF) announced in an April 4 press release that one of its clients, Dr. Roger Hodkinson, will retain his medical license after filing an appeal with the College of Physicians and Surgeons of Alberta (CPSA) over allegations of “unprofessional conduct regarding 17 public statements made in November 2020 and April 2021.”

Hodkinson had routinely argued against the dictates of public health and elected officials and “presented an alternative perspective on COVID-19, including the efficacy of masking and vaccines,” TDF noted.

In 2021, Hodkinson and Dr. Dennis Modry publicly blasted the then-provincial government of Alberta under Premier Jason Kenney for “intimidating” people “into compliance” with COVID-19 lockdowns.

In 2022, Hodkinson said that leaders in Canada and throughout the world have perpetrated the “biggest kill ever in medicine’s history” by coercing people into taking the experimental COVID injections and subjecting them to lengthy lockdowns.

These statements, among others, led the CPSA to claim that Hodkinson had promoted inaccurate or misleading information. “However, following negotiations with lawyers for The Democracy Fund, the CPSA limited its claims to arguing that Dr. Hodkinson’s comments violated the ethical code and extended beyond the scope of a general pathologist.”

Thus, Hodkinson did not “concede that any of his statements were false,” but “acknowledged that his criticisms of other physicians technically breached the Code of Ethics and Professionalism,” the group explained. “He also admitted that he should have clarified that his views were outside the scope of a general pathologist.”

Instead of having his license revoked, TDF stated that Dr. Hodkinson received a “caution” and will have to “complete an online course on influence and advocacy.”

“However, he did not concede that any of his statements were misinformation, nor did the tribunal make such a determination,” noted lawyer Alan Honner.

Some of Hodkinson’s warnings seem to have been vindicated by the current Alberta government under Premier Danielle Smith, who commissioned Dr. Gary Davidson to investigate the previous administration’s handling of COVID-19.

Davidson’s report, which was made public earlier this year, recommended the immediately halt of the experimental jabs for healthy children and teenagers, citing the risks the shots pose.

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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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