The Democracy Fund is appealing a pandemic-era Quarantine Act conviction against an Amish Ontario farmer.
TORONTO: The Democracy Fund (TDF) is pleased with the Ontario Court of Justice's decision granting leave to appeal in a Quarantine Act ticket case.
The client, a member of the Amish community from southern Ontario, allegedly failed to complete the ArriveCan app or PCR testing when crossing the border. He received a $6,500 ticket but never received notice of a trial date or conviction. When the ticket went unpaid, the municipality sent it to collections, complicating his ability to get loans for the farming equipment he uses to farm his land and feed his family. TDF sought to have the ticket reopened, but the court refused - an outcome inconsistent with TDF's other Amish ticket reopening cases.
TDF's legal defence of the Amish challenges convictions totalling over $300,000 dollars issued under the Quarantine Act for alleged non-compliance with ArriveCAN app and PCR testing requirements during Canada’s COVID-19 border measures.
The Amish have a religious prohibition on any modern technology, including smartphones, computers, and software applications. This makes interacting with the modern world difficult. TDF's Amish clients were convicted in absentia; they received no meaningful notice of the tickets or court dates.
TDF Director of Litigation Adam Blake-Gallipeau, who has represented multiple Amish families throughout these proceedings, stated:
“We are cautiously optimistic that once the Ontario Court of Justice reviews this decision, it will reverse the lower court's ruling. Canadian courts should understand the Amish community's traditional way of life within the broader context of religious freedom. The Amish live simply according to their Biblical principles, provide for their families through subsistence farming, and lack the means to pay the massive fines that threaten the existence of their communities. We intend to impress upon the Court the serious issues at stake, including inadequate notice and the inconsistent treatment of nearly identical reopening applications. We're hopeful that these convictions will be overturned on appeal.”
TDF has represented dozens of Amish clients in Ontario facing similar financial ruin due to COVID-19-era enforcement. In many of these matters, TDF has already secured withdrawals or successfully argued for zero-dollar fines. However, a number of Amish families are still facing thousands of dollars in fines; TDF intends to appeal all of them.
About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and opposing religious discrimination. TDF promotes constitutional rights through litigation and public education, and 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.