Crown prosecutors have dropped charges against four Canadians for not complying with the federally mandated, ArriveCan pandemic-era border surveillance program, effectively stifling a constitutional challenge. A total of five charges against four Canadians who refused to use the ArriveCan app at the Toronto Pearson International Airport during the travel mandates instituted by the Trudeau Liberals have been withdrawn by Mississauga, ON, prosecutors. In dropping the charges, however, the program can now avoid constitutional scrutiny, the Calgary-based Justice Centre for Constitutional Freedoms (JCCF) warns. Though prosecutors claim they withdrew the charges because it’s too much of a waste on taxpayers’ resources to go to trial, the legal group notes “this outcome follows a similar pattern of ArriveCAN-related charges being dropped before their trials in what appears to be an attempt to shield the controversial program from constitutional scrutiny.”“In other words, charges are being dropped before the merits of constitutional challenges to ArriveCAN can be heard by the courts,” wrote JCCF in a press release. One of the accused, Elim Sly-Hooten of British Columbia, said he was flying from the Netherlands to Toronto when told he needed to download the program if he wanted to come back into his own country. But he felt his “personal medical information should remain private and chose not to disclose his vaccination status via ArriveCAN,” said JCCF, who represented Sly-Hooten in court. When he refused to comply, Peel Regional Police and Public Health Agency of Canada personnel “detained” him. “Under pressure and without counsel, Mr. Sly-Hooten broke down and revealed his vaccination status. He received a $5,000 ticket for violating the Quarantine Act and was ordered to quarantine in his home for 14 days,” said JCCF. Sly-Hooten then launched a constitutional challenge against the ArriveCAN program, “citing his right to liberty, his right to be protected from unreasonable search and seizure, his right to be free from arbitrary arrest and detention, and his right to counsel after arrest and detention – all protected by the Canadian Charter of Rights and Freedoms.” Charges against Mark Spence, Aaron Grubb and Evan Kraayenbrink have also been withdrawn. Each were charged for refusing to upload personal information into the surveillance app and ordered to undergo 14 days in quarantine. “This outcome is bittersweet for each of our clients. It is positive for each of them personally. On the other hand, they were deeply interested in seeking a determination of the constitutionality of the irrational and unscientific decision forcing unvaccinated Canadians to quarantine,” said lawyer Chris Fleury. “The federal government has again escaped accountability for Covid policy decisions that breached Canadians’ Charter rights.”The ArriveCan app has been under scrutiny nearly since it was first launched by the Canada Border Services Agency in April 2020 after the World Health Organization (WHO) declared a global pandemic. The Commons Ethics Committee has been investigating sole-sourced contractors hired by the federal government for months due to inconsistencies in the failed $59.5 million ArriveCan program.
Crown prosecutors have dropped charges against four Canadians for not complying with the federally mandated, ArriveCan pandemic-era border surveillance program, effectively stifling a constitutional challenge. A total of five charges against four Canadians who refused to use the ArriveCan app at the Toronto Pearson International Airport during the travel mandates instituted by the Trudeau Liberals have been withdrawn by Mississauga, ON, prosecutors. In dropping the charges, however, the program can now avoid constitutional scrutiny, the Calgary-based Justice Centre for Constitutional Freedoms (JCCF) warns. Though prosecutors claim they withdrew the charges because it’s too much of a waste on taxpayers’ resources to go to trial, the legal group notes “this outcome follows a similar pattern of ArriveCAN-related charges being dropped before their trials in what appears to be an attempt to shield the controversial program from constitutional scrutiny.”“In other words, charges are being dropped before the merits of constitutional challenges to ArriveCAN can be heard by the courts,” wrote JCCF in a press release. One of the accused, Elim Sly-Hooten of British Columbia, said he was flying from the Netherlands to Toronto when told he needed to download the program if he wanted to come back into his own country. But he felt his “personal medical information should remain private and chose not to disclose his vaccination status via ArriveCAN,” said JCCF, who represented Sly-Hooten in court. When he refused to comply, Peel Regional Police and Public Health Agency of Canada personnel “detained” him. “Under pressure and without counsel, Mr. Sly-Hooten broke down and revealed his vaccination status. He received a $5,000 ticket for violating the Quarantine Act and was ordered to quarantine in his home for 14 days,” said JCCF. Sly-Hooten then launched a constitutional challenge against the ArriveCAN program, “citing his right to liberty, his right to be protected from unreasonable search and seizure, his right to be free from arbitrary arrest and detention, and his right to counsel after arrest and detention – all protected by the Canadian Charter of Rights and Freedoms.” Charges against Mark Spence, Aaron Grubb and Evan Kraayenbrink have also been withdrawn. Each were charged for refusing to upload personal information into the surveillance app and ordered to undergo 14 days in quarantine. “This outcome is bittersweet for each of our clients. It is positive for each of them personally. On the other hand, they were deeply interested in seeking a determination of the constitutionality of the irrational and unscientific decision forcing unvaccinated Canadians to quarantine,” said lawyer Chris Fleury. “The federal government has again escaped accountability for Covid policy decisions that breached Canadians’ Charter rights.”The ArriveCan app has been under scrutiny nearly since it was first launched by the Canada Border Services Agency in April 2020 after the World Health Organization (WHO) declared a global pandemic. The Commons Ethics Committee has been investigating sole-sourced contractors hired by the federal government for months due to inconsistencies in the failed $59.5 million ArriveCan program.
