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 That application was dismissed for mootness because all COVID-19 border measures were rescinded within weeks of TDF filing its court documents.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.
COVID-19
Freedom Convoy’s Tamara Lich shares heartfelt letter from children: ‘God will be by your side’
From LifeSiteNews
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.
From LifeSiteNews
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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