ArriveCan Charade - Legal Background and Testimonies
Real stories of crossing the border. What to do with the tickets, if any.
My thread on “mandatory” ArriveCan app and PCR testing at the Canadian border for the arriving residents of Canada keeps rolling along. Up-to-date, I’ve covered these topics:
“Fun House Mirrors Canada”:- the Orders in Council, purportedly based on Article 58.1 of the Quarantine Act and mandating the molecular tests and ArriveCan app usage, are an outrageous charade
“"True North"? Or False? Oh, Canada..."”: “True North” errorneously submits to Orders in Council based on Article 58 - what a joke!
“Outrageous Charade Canada vs Voice of Reason”: a helpful CBSA officer explanes your rights and recommends the line of conduct at the Canadian border.
As the refugees are coming into Canada without any restrictions, the “mandates” against Canadians have nothing to do with protecting public health and all to do with trying to exercise illegal control over you. It’s just blatant violations of your inalienable rights enshrined in Canadian Bill of Rights. What’s more, there is even no Covid-19 “medical emergency” in the provinces or federally at the moment that could be used as a “justification” of trampling over your rights (THE DECLARED EMERGENCY IN ONTARIO WAS REVOKED ON JUNE 9TH, 2021. ONTARIO IS NOT IN A STATE OF DECLARED EMERGENCY, AND THERE IS NO FEDERAL STATE OF EMERGENCY. https://www.ontario.ca/laws/regulation/210264).
A video from Stand4THEE (Jul. 21, 2022) just surfaced on how to fight the Quarantine Act tickets (“certificates of offense”). Only the first 36 minutes are relevant, but highly informative:
Orders in Council identify 4 distinct roles: a quarantine officer, a screening officer, a peace officer, and a public health officer. Public Health has no jurisdiction to write those tickets, because they have to be designated as enforcement (a bylaw peace officers). So if you get one from a PHO, and get in court, you ask for your charges to be dismissed and present your position that PublicHealth does not have the jurisdiction to write you a ticket under the provincial offenses act. The reason the police don’t issue those tickets is because the police refused to step in unless they have a court order (5:00-15:00). So, the whole repressions plan didn’t work in Canada because the police and the military did not cooperate. Ask for the disclosure (all the evidence against you) when you submit your request for a trial to contest the ticket in court:
Never ignore the tickets. They have 30 days from the time of the alleged offense to issuing the tickets. Say you didn’t get you ticket within 30 days, therefore the charges must be dismissed. (https://laws-lois.justice.gc.ca/eng/acts/c-12.3/page-1.html) - Canadian Bill of Rights.
If you received the ticket within 30 days, request a trial (a form or send an email) from the city where it was issued. The court has six months to start the process - at least to get you in front of a justice of the peace within that time frame. If they missed that and nothing happened within 6 months of you requesting a trial, you may contact the prosecutor: send him a note that they missed the timeframe, no chance of conviction, and you want the charges dismissed.
Next, request your disclosure (every city has a different process) - call or email them about what you have to do for that. Maybe they will not provide your disclosure until the court date is set.
In the court, ask for the charges to be dismissed as the PHO does not have the authority to write those tickets, as they are not peace officers or bylaw enforcement officers.
Another opinion from a lawyer is in this tweet:
And they do hang around at YYZ, some being cops in addition to being PHO,
so if you get one of those issuing you a ticket, you may have a harder time contesting it in court? Will have to follow up with Stand4THEE.
What has also been wanting so far in my posts was the real-life testimonies from people fined or not fined, and if fined, what happened to the fines. I will attempt now to fill this gap a bit. Please contribute in the comments below if you have additional concrete examples that contribute to the understanding. So, here we go:
Feb. 11, 2022, a land crossing, a transcript of a video: A Can/US citizen entering Canada for a few hours. The girl says “no test”, “no app”, “no jab”.
“Why no app?”
“Don’t like it, never used it.” Receives a yellow slip.
The PHO comes. The girl is filming. Says they always hate it. The PHO asks if she has a mask?
“No.”
“Would you like to wear one for me?”
“No.”
“OK, did you fill out the ArriveCan app?”
“No. “
“Are you vaccinated?”
“No.”
“OK, so then you understand the requirements…”
“There are no requirements, I am a Canadian citizen. May I leave now?”
“Yes.”
“Good bye!”
“OK you know that you have to do quarantine…”
“I don’t have to do ANYTHING! So please leave! Good bye!” The PHO nods in resignation. She drives away.
“If you miss your original flight because of them it’s almost better for you. They have to repatriate you NO MATTER WHAT. But if they don’t let you board your original flight home, open a dispute with your credit card company that you booked the trip with, say you weren’t able to catch your flight that you paid for and they will chargeback air transat and refund your money in full. Plus air transat has to bring you home no matter what. So technically you would get your flights for free”(a Facebook comment)
:
Feb. 11, 2022, a land crossing : “The PH person we got was so aggressive! Threatened 20k in fines if we didn't turn back and get pcr... But I cited all the violations. Asked him if he was threatening me to get the test (a crime).. Asked him if he was denying my entry? And then told him I'm done taking to him and to send police to our car. Police came and said 'your issue is not with us.. Its with PH'.. So I said "so can we go?" they said "yep!"
These people know that people don't know the law and count on the fact that most are afraid to challenge them. They are bullies! The cops know its all illegal.”This is how it’s done right - film, film, film, write down their names and badge numbers, collect evidence, don’t just stand there!
Escalation on a second trip (Rebel News, Jul. 21, 2022) resulting in fines from a PHO as the travellers were too easy and relaxed the second time around:
Long story short, the PHOs know they are in the wrong, but this is what they were hired to do and that is what they do to the best of their feeble abilities and energy levels at the time of the encounter with you, and your level of understanding of your rights and their wrongs. It boils down to this: either your have the right to enter Canada unhindered (as you do and they admit) or you don’t, which they want you to believe but which flies in the face of all laws and admissions by them. Let just mention Section 2(a) of the Canadian Bill of Rights:
2 Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to
(a) authorize or effect the arbitrary detention, imprisonment or exile of any person;
If they don’t let you into Canada, they effectively exile you — a no-no! So:
STAND YOUR GROUND
DON’T BE AFRAID
IF IT GETS INTO A COURTROOM, YOU WILL EASILY PREVAIL
Whenever I cross the land border into canada and they start asking for apps and tests and all that jazz... I say hang on a sec.... I go into the trunk ... take out the box and open it ... out pops The Gimp ... he puts on a bit of a show ... back into the box he goes (with a treat for being a good boy)...
They look at me -- speechless... I look at them ... and say -- can I go now ... they always nod yes...
Check out my awesome pet https://youtu.be/capogE_A-2c
Good stuff.