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COVID-19

More victories for freedom as ArriveCAN charges dropped and fines reduced

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5 minute read

Gheorghe and Carmen Neferu

News release from The Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms is pleased to announce that it continues to see dropped charges and significantly reduced fines for Canadians who allegedly violated the Quarantine Act or who chose not to use the ArriveCAN app at Canadian borders.

The Justice Centre has provided defence counsel to eight Canadians who chose not to comply with a mandatory ArriveCAN.

Added together, these eight Canadians received a total of 13 tickets, with combined fine amounts totalling $54,815. Defence counsel provided by the Justice Centre negotiated with the Crown to secure admissions that amounted to fines totalling $1,216, not $54,815. All hearings for these cases were scheduled to take place in April at the Ontario Court of Justice in Mississauga, Ontario.

Here are their stories.

Cory Thorn, along with his wife, Guiseppina Lamacchia, their two small children and Guiseppina’s mother Carmela Lamacchia, were returning from a trip to Italy on September 8, 2022, when they were stopped at the Canadian border. They had not downloaded the ArriveCAN app because they did not feel comfortable with the app. They asked if they could submit the required information on paper but were told they could either use the app or face fines. The three adults were given two tickets each, one for $955 and another for $6,255. Together, the family faced a total of $21,630 in fines for violating two sections of the Quarantine Act: section 58, failing to comply with an order prohibiting or subjecting to any condition the entry into Canada and section 15(1), failing to answer a relevant question asked by a screening officer or to provide the officer with any required information or record. Their trials were scheduled for April 15, 2024. Five of the six tickets were dismissed. Carmela pled guilty to one charge and received a reduced fine of $615.

On September 22, 2022, a mother and her adult daughter, who have requested anonymity, were returning from a trip to Italy when they were each fined $6,255 for failing to use the ArriveCAN app. The women felt uneasy providing private health information through the ArriveCAN app. They offered to provide the information orally to border officials. Their offer was refused. Each had trial dates set for April 23, 2024. The daughter’s charge was withdrawn by the Crown, while her mother pled guilty and paid a significantly reduced fine of $300.

Daniel Sauro and his partner, Gina Campoli, traveling with their one-year-old daughter, returned from a family vacation on September 24, 2022, when each adult was issued a ticket for $6,255 under section 58 of the Quarantine Act for not using the ArriveCAN app. They were uneasy about disclosing private medical information and were concerned about the app’s security. Their trial was scheduled for April 18, 2024 -nineteen months after the tickets were issued. The public health officer did not appear at trial, and so the prosecutor was forced to withdraw all charges.

Gheorghe and Carmen Neferu traveled back to Canada from abroad on August 3, 2022, when they were each given two tickets with fines for failing to use the ArriveCAN app, totaling $14,420 They did not want to answer invasive questions regarding their medical status. Their trials were scheduled for April 8, 2024. The charges against Carmen were withdrawn, while Gheorghe had one charge withdrawn. He pled guilty to the other, paying a reduced fine of $300.

A constitutional challenge to the ArriveCAN app requirement continues to proceed in the Ontario Court of Justice.

Chris Fleury, lead counsel on the Charter challenge to the ArriveCan app requirement, says, “Each and every Canadian who refused to provide their vaccination status via ArriveCAN was also subject to a mandatory 14-day quarantine in addition to their ticket. The quarantine had no scientific or public health basis and was a breach of Canadian’s Charter right not to be arbitrarily detained. While we would have preferred that no one was charged in the first place, we are pleased to see the prosecution taking a more reasonable approach to these cases.”

COVID-19

Freedom Convoy’s Tamara Lich shares heartfelt letter from children: ‘God will be by your side’

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From LifeSiteNews

By Anthony Murdoch

Ahead of the announcement of the verdict from her trial in Canada, the Freedom Convoy co-leader posted on X the ‘beautiful letter’ from a 4-year-old and 8-year-old.

With a few weeks until a verdict is released, Freedom Convoy leader Tamara Lich shared a heartwarming letter she received from a child, who told her to “keep fighting” for everyone and that “God will protect” her from the “enemy.”

Lich shared an image of the letter Thursday on X, writing, “Feels like a good day to share this beautiful letter I received from some very wise children.”

The letter, which was handwritten and sent to Lich by 4-year-old Zavier and 8-year-old Alanis, has the title “God loves You.”

“Thank you for fighting for everyones FREEDOM. God will be by your side and God will protect you from the enemy,” the letter reads.

“With God everything is possible. Stay strong we are praying for you every step of the journey.”

Lich was arrested on February 17, 2022, in Ottawa. Co-leader Chris Barber was arrested the same day.

Lich and Barber’s trial concluded in September 2024, 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.

They both face a possible 10-year prison sentence. LifeSiteNews reported extensively on their trial.

As reported by LifeSiteNews, Lich recently spelled out how much the Canadian government has spent prosecuting her and Barber for their role in the protests. She said at least $5 million in “taxpayer dollars” has been spent thus far, with her and Barber’s legal costs being above $750,000.

In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.

During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse and one conservative female reporter was beaten by police and shot with a tear gas canister.

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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COVID-19

Red Deer Freedom Convoy protestor Pat King given 3 months of house arrest

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From LifeSiteNews

By Clare Marie Merkowsky

Ontario Superior Court Justice Charles Hackland ruled that Pat King must serve three months of house arrest and dedicate 100 hours to community service for his participation in the 2022 Freedom Convoy

Freedom Convoy participant Pat King has been given a 3-month conditional sentence for his role in the 2022 Freedom Convoy protest against COVID mandates.  

On February 19, Ontario Superior Court Justice Charles Hackland ruled that King must serve three additional months of house arrest and dedicate 100 hours to community service for his role in the Freedom Convoy. King’s sentence would have been 12 months, but the court gave him credit for time served prior to his trial. 

“In the court’s opinion, there is a social harm to unduly elevating the sentencing rules of denunciation and deterrence in the context of political protests to result in punitive sentences at the top of the sentencing range,” Hackland wrote, explaining why he did not opt to sentence King to a whopping 10-year prison sentence, as the Crown prosecutors had advocated for.

“The risk is that an overly severe sentence of imprisonment in the context of legitimate, constitutionally protected activity can have the effect of creating a chill or fear of participation in political expression,” he continued. 

In November, King was found guilty of two counts of disobeying a court order, one count of mischief, one count of counselling others to commit mischief, as well as one count of counselling others to obstruct police.   

King’s charges are in relation to his role in the 2022 Freedom Convoy which featured thousands of Canadians camping out in downtown Ottawa to call for an end to the COVID regulations and vaccine mandates in place at the time.  

Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14, 2022, to put an end to the popular convoy. Trudeau revoked the EA on February 23, but only after using the powers granted by the legislation to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in the assembly.  

The two main Freedom Convoy leaders, Tamara Lich and Chris Barber, are still awaiting their verdicts for their involvement in the 2022 protests. Like King, if convicted, they face a maximum prison sentence of 10 years.

While some of the most notable people involved in the protest, like Lich and Barber, face a slew of charges that come with potentially harsh sentences, other protesters charged for participating have seen their charges dropped.

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