Connect with us

COVID-19

Ontario judge rules in favor of woman who refused COVID nasal swab test

Published

7 minute read

From LifeSiteNews

By Clare Marie Merkowsky

‘I do decide that the nasal swab test, which the screening officer in this case required or demanded Ms. Fernando submit to, was an unlawful requirement or demand,’ wrote Ontario Court Justice Paul Monahan in his June 26 ruling.

An Ontario court has ruled in favor of a woman who was charged and convicted for refusing to submit to a COVID nasal swab test upon returning home to Canada in 2022.

In a June 26 ruling, Ontario Court Justice Paul Monahan decided in favor of Canadian woman Meththa Fernando, who was charged in 2022 for refusing a COVID nasal swab test when returning to Canada from abroad and subsequently found guilty. Monahan concluded that in Fernando’s case, requiring her to submit to such an invasive test was unlawful and ordered her conviction be overturned.

“I do decide that the nasal swab test, which the screening officer in this case required or demanded Ms. Fernando submit to, was an unlawful requirement or demand,” wrote Monahan in his ruling.   

“Ms. Fernando’s refusal to comply with the requirement or demand was lawful on her part,” he continued. “Because the requirement or demand made of her by the screening officer was not lawful, Ms. Fernando should not have been found guilty by the Justice of the Peace.”  

Fernando began her legal journey in 2022 when she refused a nasal swab at Pearson International Airport in Toronto, Ontario. Upon her return home to nearby Mississauga, a screening officer from the Canadian Public Health Agency randomly selected her to undergo the nasal test.  

However, Fernando, who told the officer she was already vaccinated against COVID, refused the test. She was charged and later convicted of failing to comply with an order under Section 58 of the Quarantine Act and fined a total of $6,255. 

Canada’s Quarantine Act was used by Prime Minister Justin Trudeau’s government to enact severe draconian COVID travel rules on all returning travelers to the country. 

Fernando chose to take her case to an appeal court following conviction, arguing that the Quarantine Act did not “authorize a screening officer to use a screening test which involved the entry into the traveller’s body of an instrument or other foreign body.”   

As LifeSiteNews previously reported there have been several instances of injuries after receiving the swabs, including leaking brain fluid due to the test puncturing the brain tissue.   

“The prosecution raised the point that perhaps the insertion into the nasal cavity did not involve the entry into the body,” Monahan stated. “I disagree. The insertion of a nasal swab into the nasal cavity is most definitely an insertion into the body.”  

“I am reversing the Justice of the Peace’s decision and entering a finding of not guilty,” he concluded. “Those are my reasons.”  

Besides potential brain tissue damage, COVID-19 nasal tests have been flagged for seriously questionable accuracy rates. One study authored by British and American scientists last year found that PCR nasal swab testing has only around 63% sensitivity. 

Severalotherstudies, as well as federalguidelines, have identified major accuracy issues with PCR tests and other means of testing for coronavirus. The most common PCR testing protocol for COVID-19 also has come under fire in December, when a coalition of scientists called for the retraction of the original article detailing the method, due to a lack of a properly peer-reviewed report. 

Pro-freedom lawyer Daniel Freiheit celebrated the decision, telling LifeSiteNews, “This ruling is a stark reminder that many laws may have been broken during COVID. I think this was caused by a collective fear of the unknown and a kind of mass panic.” 

“In times like that, it’s utmost to rely on first principles: basic freedoms that I had always been taught would act as checks and balances: freedom to speak, freedom to associate, freedom to deny novel medical treatment, right to retain counsel,” he continued.   

He explained that the ruling will give Canadians a sense of vindication since many knew the tests were invasive and unjust but complied out of fear.  

“Many people knew it was wrong and unlawful at the time but had no choice except to comply,” he said.  

“It was either that or face detainment at the border, harassment, fines, threats of more fines, threats of quarantine, etc,” Freiheit explained. “Submitting to this unlawful treatment was the easiest way out, especially for people coming into the country with medical conditions, tired children or frustrated travel partners.”  

This ruling is not the first time actions taken by the Trudeau government during COVID were found to be unlawful.

In January, the Trudeau government’s use of the Emergencies Act to end the Freedom Convoy protest against COVID mandates was ruled to have violated the Charter of Rights and Freedoms by Federal Court Justice Richard Mosley.  

According to the January ruling, the EA is meant to be reserved as a last resort if all other means fail. In Mosley’s judgement, this threshold was not met and thus, the Trudeau government violated the rights of Canadians.    

Shortly after the ruling, Trudeau announced that the government was appealing to the Federal Court of Appeal, a court where he has appointed 10 of the 15 judges. 

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

COVID-19

Trump DOJ seeks to quash Pfizer whistleblower’s lawsuit over COVID shots

Published on

From LifeSiteNews

By Calvin Freiburger

The Justice Department attorney did not mention the Trump FDA’s recent admission linking the COVID shots to at least 10 child deaths so far.

The Trump Department of Justice (DOJ) is attempting to dismiss a whistleblower case against Pfizer over its COVID-19 shots, even as the Trump Food & Drug Administration (FDA) is beginning to admit their culpability in children’ s deaths.

As previously covered by LifeSiteNews, in 2021 the BMJ published a report on insider information from a former regional director of the medical research company Ventavia, which Pfizer hired in 2020 to conduct research for the company’s mRNA-based COVID-19 shot.

The regional director, Brook Jackson, sent BMJ “dozens of internal company documents, photos, audio recordings, and emails,” which “revealed a host of poor clinical trial research practices occurring at Ventavia that could impact data integrity and patient safety […] We also discovered that, despite receiving a direct complaint about these problems over a year ago, the FDA did not inspect Ventavia’s trial sites.”

According to the report, Ventavia “falsified data, unblinded patients, employed inadequately trained vaccinators, and was slow to follow up on adverse events reported in Pfizer’s pivotal phase III trial.” Overwhelmed by numerous problems with the trial data, Jackson filed an official complaint with the FDA.

Jackson was fired the same day, and Ventavia later claimed that Jackson did not work on the Pfizer COVID-19 shot trial; but Jackson produced documents proving she had been invited to the Pfizer trial team and given access codes to software relating to the trial. Jackson filed a lawsuit against Pfizer for violating the federal False Claims Act and other regulations in January 2021, which was sealed until February 2022. That case has been ongoing ever since.

Last August, U.S. District Judge Michael Truncale dismissed most of Jackson’s claims with prejudice, meaning they could not be refiled. Jackson challenged the decision, but the Trump DOJ has argued in court to uphold it, Just the News reports, with DOJ attorney Nicole Smith arguing that the case concerns preserving the government’s unfettered power to dismiss whistleblower cases.

The rationale echoes a recurring trend in DOJ strategy that Politico described in May as “preserving executive power and preventing courts from second-guessing agency decisions,” even in cases that involve “backing policies favored by Democrats.”

Jackson’s attorney Warner Mendenhall responded that the administration “really sort of made our case for us” in effectively admitting that DOJ is taking the Fair Claims Act’s “good cause” standard for state intervention to mean “mere desire to dismiss,” which infringes on his client’s “First Amendment right to access the courts, to vindicate what she learned.”

Mendenhall added that in a refiled case, Jackson “may be able to bring a very different case along the same lines, but with the additional information” to prove fraud, whereas rejection would send the message that “if fraud involves government complicity, don’t bother reporting it.”

“The truth is we do not know if we saved lives on balance,” admitted FDA Chief Medical Officer Vinay Prasad in a recent leaked email. “It is horrifying to consider that the U.S. vaccine regulation, including our actions, may have harmed more children than we saved. This requires humility and introspection.”

The COVID shots have been highly controversial ever since the first Trump administration’s Operation Warp Speed initiative prepared and released them in a fraction of the time any previous vaccine had ever been developed and tested. As LifeSiteNews has extensively covered, a large body of evidence has steadily accumulated over the past five years indicating that the COVID jabs failed to prevent transmission and, more importantly, carried severe risks of their own.

Ever since, many have intently watched and hotly debated what President Donald Trump would do about the situation upon his return to office. Though he never backed mandates like former President Joe Biden did, for years Trump refused to disavow the shots to the chagrin of his base, seeing Operation Warp Speed as one of his crowning achievements. At the same time, during his latest run he embraced the “Make America Healthy Again” movement and its suspicion of the medical establishment more broadly.

So far, Trump’s second administration has rolled back several recommendations for the shots but not yet pulled them from the market, despite hiring several vocal critics of the COVID establishment and putting the Department of Health & Human Services under the leadership of America’s most prominent anti-vaccine advocate, Robert F. Kennedy Jr. Most recently, the administration has settled on leaving the current jabs optional but not supporting work to develop successors.

In a July interview, FDA Commissioner Marty Makary asked for patience from those unsatisfied by the administration’s handling of the shots, insisting more time was needed for comprehensive trials to get more definitive data.

Continue Reading

COVID-19

University of Colorado will pay $10 million to staff, students for trying to force them to take COVID shots

Published on

From LifeSiteNews

By Calvin Freiburger

The University of Colorado Anschutz School of Medicine caused ‘life-altering damage’ to Catholics and other religious groups by denying them exemptions to its COVID shot mandate, and now the school must pay a hefty settlement.

The University of Colorado’s Anschutz School of Medicine must pay more than $10.3 million to 18 plaintiffs it attempted to force into taking COVID-19 shots despite religious objections, in a settlement announced by the religious liberty law firm the Thomas More Society.

As previously covered by LifeSiteNews, in April 2021, the University of Colorado (UC) announced its requirement that all staff and students receive COVID jabs, leaving specific policy details to individual campuses. On September 1, 2021, it enforced an updated policy stating that “religious exemption may be submitted based on a person’s religious belief whose teachings are opposed to all immunizations,” but required not only a written explanation why one’s “sincerely held religious belief, practice of observance prevents them” from taking the jabs, but also whether they “had an influenza or other vaccine in the past.”

On September 24, the policy was revised to stating that “religious accommodation may be granted based on an employee’s religious beliefs,” but “will not be granted if the accommodation would unduly burden the health and safety of other Individuals, patients, or the campus community.”

In practice, the school denied religious exemptions to Catholic, Buddhist, Eastern Orthodox, Evangelical, Protestant, and other applicants, most represented by Thomas More in a lawsuit contending that administrators “rejected any application for a religious exemption unless an applicant could convince the Administration that her religion ‘teaches (them) and all other adherents that immunizations are forbidden under all circumstances.’”

The UC system dropped the mandate in May 2023, but the harm had been done to those denied exemptions while it was in effect, including unpaid leave, eventual firing, being forced into remote work, and pay cuts.

In May 2024, a three-judge panel of the U.S. Tenth Circuit Court of Appeals rebuked the school for denying the accommodations. Writing for the majority, Judge Allison Eid found that a “government employer may not punish some employees, but not others, for the same activity, due only to differences in the employee’s religious beliefs.”

Now, Thomas More announces that year-long settlement negotiations have finally secured the aforementioned hefty settlement for their clients, covering damages, tuition costs, and attorney’s fees. It also ensured the UC will agree to allow and consider religious accommodation requests on an equal basis to medical exemption requests and abstain from probing the validity of applicants’ religious beliefs in the future.

“No amount of compensation or course-correction can make up for the life-altering damage Chancellor Elliman and Anschutz inflicted on the plaintiffs and so many others throughout this case, who felt forced to succumb to a manifestly irrational mandate,” declared senior Thomas More attorney Michael McHale. “At great, and sometimes career-ending, costs, our heroic clients fought for the First Amendment freedoms of all Americans who were put to the unconscionable choice of their livelihoods or their faith during what Justice Gorsuch has rightly declared one of ‘the greatest intrusion[s] on civil liberties in the peacetime history of this country.’ We are confident our clients’ long-overdue victory indeed confirms, despite the tyrannical efforts of many, that our shared constitutional right to religious liberty endures.”

On top of the numerous serious adverse medical events that have been linked to the COVID shots and their demonstrated ineffectiveness at reducing symptoms or transmission of the virus, many religious and pro-life Americans also object to the shots on moral grounds, due to the ethics of how they were developed.

Catholic World Report notes that similarly large sums have been won in other high-profile lawsuits against COVID shot mandates, including $10.3 million to more than 500 NorthShore University HealthSystem employees in 2022 and $12.7 million to a Catholic Michigander fired by Blue Cross Blue Shield in 2024.

Continue Reading

Trending

X