Articles from the Justice Centre for Constitutional Freedom

Source. The JCCF has numerous articles on Covid restrictions. Here are three:

(i) Discrimination against unvaccinated Canadians not based on science
(ii) Mandatory hotel quarantines and travel restrictions
(iii) Justice Centre files legal challenge against BC government for restrictions on peaceful protests and worship services

Discrimination against unvaccinated Canadians not based on science

by John Carpay, The Post Millennial, Dec. 5, 2021

Transport Canada’s Ministerial Order 48 further entrenches legal discrimination against Canadian citizens who choose, for any number of valid reasons, not to get themselves injected with the new Covid vaccine. Announced on November 30 by Transportation Minister Omar Alghabra, the new Ministerial Order prevents non-jabbed Canadians from boarding planes, trains, and marine passenger vessels, anywhere in Canada. Banning unvaccinated people from flying would be a necessary and just law only if the government could establish at least two things.

First, that Covid is an unusually deadly killer that everyone should fear, like the Spanish Flu of 1918. Second, that unvaccinated people spread Covid a lot more than vaccinated people do. Sadly, the federal government is not basing its policies on facts or evidence. Statistics Canada tells us that death rates in 2020 did not differ dramatically from death rates in 2019, 2018 and prior years. The March 2020 prediction of Professor Neil Ferguson, that Covid would kill tens of millions of people like the Spanish Flu of 1918, has been proven false.

Resoundingly false. Covid’s impact on the overall life expectancy of Canadians has been minimal. For Canadians not living in nursing homes, Covid is statistically less likely to cause harm or death than driving your car to work. Ignoring basic facts, the federal government as well as provincial, municipal and territorial governments continue to spread fear by pretending that we’re facing something truly terrible like the 1918 Spanish Flu.

The new Covid vaccines do not prevent the transmission of Covid. This is what the vaccine manufacturers themselves have said publicly, claiming only that the vaccine would reduce the severity of illness when vaccinated people get infected with Covid. To date, no government has presented the public with evidence to support its repeated and fear-filled propaganda message that the Covid vaccine stops the spread of Covid.

In addition to clear statements by vaccine manufacturers that the Covid vaccine does not stop the spread of Covid, we know from the experiences of highly-vaccinated places like IrelandIsrael, and Gibraltar that Covid and its variants spread freely when 94 percent or even 100 percent of the population has been injected. Both the vaccinated and unvaccinated can get Covid and can spread Covid, without any proven difference between these two groups. Both the vaccinated and the unvaccinated die from Covid.

Canadians have good reasons to get the Covid shot, and good reasons not to. Natural immunity in those who have already had Covid is as effective, and likely more effective than vaccine-induced immunity. The Covid vaccines are still in clinical trials until 2023, and have not been subjected to any long-term safety testing. The new Covid vaccines have harmful side effects in some people, including myocarditis and death, that have caused many Canadians to withhold their informed consent to taking one. For young males, the risk of harm from the Covid vaccine is higher than the risk of harm from Covid.

Since Covid is not an unusually deadly killer, and since both vaccinated and unvaccinated people spread the virus, why are some Canadians reduced to second-class citizenship on account of their own personal medical decisions?

Governments have no scientific basis for escalating their persecution of the millions of Canadians who exercise their constitutional right to bodily autonomy, protected by the Canadian Charter of Rights and Freedoms.

Preventing millions of Canadians from traveling by plane or train is a gross infringement of their civil liberties, and is guaranteed to hurt their employment, their education (many students attend out-of-province universities), and their ability to earn a livelihood and feed their families. Parliament has not been consulted about this blatant violation of section 6 of the Charter, which protects the right to freely enter and leave the country.

Vilifying an identifiable group in society as somehow ‘dirty’ or as ‘spreaders of disease’ is a page from the playbook of history’s most abhorrent tyrants. This Transport Canada Ministerial Order is an act of appalling cruelty and persecution not seen in Canada in many decades.

Mandatory hotel quarantines and travel restrictions

Mar. 11, 2021

The Justice Centre filed two court actions against the government in Federal Court, in response to the actions of the Trudeau government that has forced Canadian residents into mandatory quarantine, in a quarantine hotel at their own expense, after returning from international travel. The full hearing on the constitutionality of quarantine hotels and quarantine facilities was on June 1-3, 2021. A decision was given in that court action, and we are appealing the ruling.

The appeal challenging the constitutionality of federal quarantine hotels and quarantine facilities will be moving forward on an expedited basis at the Federal Court of Appeal.

The Justice Centre brought a Motion on July 9, 2021, requesting that the Court expedite the hearing of the Appeal on the basis that:  thousands of Canadians are being impacted by these oppressive measures every day, and that an expedited hearing was necessary to ensure the effectiveness of the remedy sought, namely a ruling that the learned trial judge erred in finding that the government’s measures do not violate the Charter rights of Canadians.

The Federal Court of Appeal agreed with the Justice Centre on July 28, 2021 that this appeal should move forward at a faster pace than an ordinary appeal due to great public interest surrounding the issue.

The question of legality of mandatory COVID tests to enter Canada as a Canadian citizen has not been decided by a court.

A court could rule the Canadian government has the right to require individuals to show they are healthy before entering Canada, however it is not clear whether this would be considered constitutional for Canadian citizens, if challenged legally on Charter grounds. These are unprecedented times.

Effective midnight on January 7, 2021, federal government made an interim order under Transport Canada that proof of a negative Covid laboratory test result must be presented to the airline prior to boarding a flight to Canada. The test must be conducted within 72 hours of the traveller’s scheduled time of departure to Canada. It must be a molecular test (PCR) or LAMP test and antigen tests (blood) are not accepted. Children who are under the age of five on the day of their travel (so up until one day before their 5th birthday) are not required to have a negative test. The new announcement made on February 12, 2021 indicates Canadians will be forced to have a second test on arrival and be quarantined three days in a federal facility at their expense, while waiting for the results.

Effective August 9, 2021, the Government of Canada has discontinued the requirement for a three- night stopover in a hotel meant for preliminary quarantining at 12:01 EDT. The requirement to book and stay in a government-authorized hotel has ended for all travellers regardless of vaccination status.

There are no changes to the mandatory testing requirements for unvaccinated travellers. All travellers, regardless of vaccination status, coming to Canada still require a pre-entry COVID-19 molecular test result and will be required to quarantine.

To be eligible to enter Canada, travellers must use the ArriveCAN app or web portal. Travellers must ensure that mandatory requirements are met prior to departing for Canada. In addition, some provinces and territories may have their own entry restrictions in place. Check and follow both the federal and any provincial or territorial restrictions and requirements before travelling.

In addition to receiving a full series of a vaccine authorized by the Government of Canada, fully vaccinated travellers must also: provide COVID-19-related information electronically through ArriveCAN (app or web portal) including proof of vaccination prior to arrival in Canada; meet the pre-entry testing requirements; be asymptomatic upon arrival and have a paper or digital copy of their vaccination documentation in English or French (or certified translation) ready to show a government official on request as evidence.

Justice Centre files legal challenge against BC government for restrictions on peaceful protests and worship services

Jan. 8, 2021

VANCOUVER: The Justice Centre has filed a legal challenge in the Supreme Court of British Columbia against restrictions on public protest and worship services resulting from Public Health Orders issued by B.C. Chief Medical Officer Dr. Bonnie Henry. The Justice Centre represents over a dozen individuals and faith communities who have been issued multiple tickets of up to $2300 for allegedly violating the Orders while exercising their Charter freedoms.

The Province of B.C., specifically Dr. Bonnie Henry, has issued orders prohibiting people from organizing or attending “events” “except as provided for in” the Orders. This has resulted in peaceful protestors being ticketed for not complying with all requirements in the Orders, such as collecting the first and last names and contact information of fellow protestors. Further, since November 19, 2020, in-person worship services have been completely prohibited, regardless of the extra safety measures implemented by faith communities.

The faith communities described in filing the petition have gone to extraordinary lengths to comply with health guidelines, including limiting attendance to no more than 50 persons, pre-registering attendees, rearranging seating to ensure physical distancing, providing hand sanitizer and masks, and enhancing cleaning and sanitizing procedures. Some members cannot access online services. To many in these faith communities, gathering in-person is essential to their spiritual and emotional well-being. Affidavits have been filed attesting to the negative effect prohibiting in-person gatherings has had on individuals, including loneliness, depression, anxiety and fear.

Although support groups are permitted to meet, the Orders prohibit faith communities from gathering for any “worship or other religious service”.

These severe measures are being imposed on members of the religious community, while the BC government allows hundreds of people to gather at any given time in a single big box store. The government allows residents to gather and seat six at a table at bars and restaurants. In contrast, British Columbia tells citizens: “Do not attend a service at a church, synagogue, mosque, gurdwara, temple, or other places of worship”.

The Petition challenges that the Orders on the basis that they unjustifiably violate the rights and freedoms of BC residents protected by the Canadian Charter of Rights and Freedoms, including,

  • section 2(a) (freedom of conscience and religion);
  • section 2(b) (freedom of thought, belief, opinion and expression);
  • section 2(c) (freedom of peaceful assembly);
  • section 2(d) (freedom of association);
  • section 7 (life, liberty and security of the person); and
  • section 15(1) (equality rights).

The Petition also challenges the Orders on the basis that they are unreasonable and exceed Dr. Bonnie Henry’s authority as Provincial Health Officer.

“The undemocratic Orders of Dr. Bonnie Henry restricting and even outright prohibiting the exercise of citizens’ fundamental freedoms display a disregard of Canada’s constitutional protections,” notes Marty Moore, staff lawyer with the Justice Centre. “This court challenge will require the BC government to answer for these divisive and discriminatory orders.”

The Justice Centre has retained West Vancouver lawyer Paul Jaffe to lead the legal case against the BC government.

“The Petition requires the Court to address whether the BC Government has struck a rational and legally permissible balance between public health objectives and the fundamental rights of Canadians,” states lead counsel, Paul Jaffe. “Laws must not target people in arbitrary and discriminatory ways.”

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