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COVID-19

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

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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. 

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2025 Federal Election

Mark Carney refuses to clarify 2022 remarks accusing the Freedom Convoy of ‘sedition’

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From LifeSiteNews

By Anthony Murdoch

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.”

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.

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COVID-19

17-year-old died after taking COVID shot, but Ontario judge denies his family’s liability claim

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From LifeSiteNews

By Clare Marie Merkowsky

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.

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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