A constitutional legal group dedicated to freedoms has criticized a Canadian court’s recent decision to drop charges against four individuals who rejected compliance with a COVID border surveillance initiative, arguing it allowed the federal government to dodge accountability for its targeting of individuals who refused to use a vaccine passport.
Chris Fleury, a lawyer with the Justice Centre for Constitutional Freedoms (JCCF), expressed mixed feelings about the outcome in a press release. “While it is a personal victory for the clients, they are disappointed at losing the chance to challenge the constitutionality of these unscientific and irrational quarantine mandates,” he stated.
Fleury highlighted that this ruling is yet another instance where the government, under Prime Minister Justin Trudeau, avoided responsibility for COVID policies that potentially infringe on the rights enshrined in Canada’s Charter of Rights and Freedoms.
The controversy involves the City of Mississauga dropping charges against four Canadians at Toronto Pearson International Airport who refused to adhere to the requirements of the ArriveCAN app, which was fraught with scandals and cost almost $60 million, far exceeding its original budget. The app, mandatory from November 2020, was used to monitor the vaccination status of individuals entering Canada and to implement necessary quarantines.
Mark Spence, Aaron Grubb, and Evan Kraayenbrink faced charges for their refusal to use the ArriveCAN app and were also directed to quarantine. However, these charges were subsequently dropped as prosecutors deemed pursuing these cases a misuse of public resources and potentially a way to prevent judicial examination of the app’s constitutionality.
The escalated cost of the ArriveCAN app, originally estimated at $80,000 and rocketing to $60 million amid technical and privacy issues, led to public outcry and a formal investigation by Canadian Auditor General Karen Hogan in November 2022 after the House of Commons voted for a full audit.
