TDF client faced close to $7,000 in fines while trying to run cross-border business

Struggling with COVID-19 policies and travel restrictions, a TDF client faced unjust fines for alleged non-compliance with ArriveCan regulations, but the fines were successfully resolved through negotiations with the Crown.

TORONTO: Prior to the pandemic, our client ran a successful cross-border business from her office in British Columbia. However, with the onset of lockdowns, she struggled to keep it open due to the implementation of travel restrictions and onerous COVID-19 policies.

Despite this, she continued to travel to and from the US, hoping to support herself until normalcy returned. Each time she crossed, however, she was interrogated about her vaccination status.

During one trip, after discussing the ArriveCan app requirements with a Canadian border agent, she was pulled aside for a further interview. Shortly thereafter, she learned that the ArriveCan app was completed "on her behalf" by a border agent.

Inexplicably, she was then issued two tickets totalling approximately $6,800 in fines for alleged non-compliance with the ArriveCan app and related regulations.

After several rounds of negotiations with the Crown, The Democracy Fund (TDF) was advised by the Crown that it had decided to stay the ticket.

Mark Joseph, counsel with TDF, expressed satisfaction: "As we've seen before, these tickets were often deficient or improperly issued in some way. Furthermore, the ArriveCan fines were disproportionate and unjust. We're pleased that the Crown saw no public interest in pursuing these tickets."

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About The Democracy Fund:

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 access to justice initiatives for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.

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