COVID-19
TDF files Notice of Constitutional Question for upcoming ArriveCAN trial

News release from The Democracy Fund
Written by TDF’s Legal Team
Court document filed by TDF alleges that ArriveCAN requirement was not properly specified by the Minister of Health.
The Democracy Fund (TDF) has filed a Notice of Constitutional Question in the Ontario Court of Justice over an ArriveCAN ticket issued to one of their “fight-the-fines” clients. The court application argues that the client had a reasonable expectation of privacy in the information the government demanded she disclose through ArriveCAN, which included information about her vaccination status. TDF further argues that this demand constituted an unreasonable seizure as it was not authorized by law.
While the Government of Canada has claimed that ArriveCAN was legally required starting in November 2020, TDF argues that the orders-in-council that purport to establish ArriveCAN make no reference to ArriveCAN. Rather, the orders say that information must be provided by an “electronic means specified by the Minister of Health.”
The question is, when and where did the Minister of Health specify ArriveCAN to be the electronic means referred to in the orders in council?
TDF’s litigation director, Alan Honner, says he made several inquiries to government ministries about when and where the Minister of Health actually specified ArriveCAN to be the electronic means set out in the orders in council. He never received an answer.
The only document TDF uncovered which specifies ArriveCAN as the electronic means set out in the orders-in-council is dated November 26, 2021, more than a full year after ArriveCAN was supposed to become legally mandatory.
“There is a real question about whether the government actually took the steps to make ArriveCAN legally binding on travellers prior to November 2021,” says TDF Litigation Director Alan Honner. “If the Minister of Health failed to make the specification as required by law except for this one time, then for at least an entire year, the government was telling us that ArriveCAN was legally required when it was not.”
TDF had previously filed an application in the Federal Court of Canada making this same argument. That application was dismissed for mootness because all COVID-19 border measures were rescinded within weeks of TDF filing its court documents.
TDF will be arguing at the upcoming trial that the November 26 document does not apply to their client. Among other things, the document refers to an order in council that was rescinded and not to the order in council that their client was charged with breaching.
“The good news is that the application cannot be struck for mootness because we are dealing with an active ticket,” says Honner. “The bad news is that the prosecution can avoid the argument by dropping the charges.”
The trial will take place on February 15, 2024.
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About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.
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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