Client fined $6,340 after failing to complete ArriveCAN due to religious restrictions, raising concerns over fairness and due process.
NIAGARA FALLS, ON— TDF Lawyers have filed an appeal on behalf of an Amish client who was fined $6,340 for allegedly failing to complete the ArriveCan app or provide proof of a PCR test during Canada's COVID-19 border lockdown.
The client received a ticket under the Quarantine Act for non-compliance during a border crossing. Due to the Amish community's religious beliefs and traditional lifestyle, which prohibit the use of modern technology such as smartphones, the client was unable to access or complete the required digital submission. Additionally, the client never received notification of the ticket or the subsequent trial date, resulting in a conviction in absentia and the extreme fine.
TDF initially filed an application to reopen the proceedings in Niagara Provincial Offences Court, but the application was denied. TDF has now appealed the decision to the Ontario Court of Justice.
Senior Litigation Counsel Adam Blake-Gallipeau stated: "We're puzzled as to why some reopening applications for Amish clients were granted while others, with nearly identical fact patterns, were denied. We hope to highlight this inconsistency to the judge if the appeal proceeds. These massive fines pose a serious threat to the viability of Amish communities, which rely on subsistence farming and have limited ability to raise large sums of money. We are prepared to pursue this matter as far as legally possible."
TDF continues to advocate for religious freedoms and fair treatment under the law for members of the Amish community who have been disproportionately affected by pandemic-era enforcement measures.
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.