Appeal highlights concerns over continued prosecution of expired pandemic measures and strained court resources.
TORONTO— The Democracy Fund is filing an immediate appeal of an in-absentia conviction and $5,750 fine imposed on a Canadian citizen who fully complied with ArriveCan and PCR testing requirement at the border in 2021.
Five years after the fact, the federal government continues to pursue these long-stale prosecutions —cases that no longer serve any public interest and that most Canadians have long since moved beyond. This continued pursuit of pandemic-era penalties, years after the emergency measures and regulations have expired, raises serious questions about the proper use of scarce judicial resources: many crimes such as assault, theft and sexual assault go unprosecuted due to a lack of Crown attorneys, judges and court resources.
“This is another example of heavy-handed enforcement,” said Adam Blake-Gallipeau, Senior Litigation Counsel at The Democracy Fund. “Five years after the pandemic measures ended, it is concerning that the state continues to pursue prosecutions and collection attempts. Many Canadians will view this as an unnecessary use of public resources that could be better directed elsewhere. The policy decision to continue these efforts potentially undermines confidence in the justice system. We believe it is time for them to be set aside.”
The Democracy Fund is moving swiftly to vacate the conviction and fine so the matter can finally be addressed on its merits.
TDF has successfully reopened and defended dozens of Quarantine Act cases from the pandemic period. It is past time to close these files, stop the wasteful litigation, and let Canadians move forward.
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and relieving poverty. 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.