The Democracy Fund lawyers seek to lift posthumous conviction lien.
TORONTO: The Democracy Fund (TDF) lawyers have achieved a significant legal victory, successfully reopening six additional Quarantine Act tickets, including alleged ArriveCan violations, issued to members of an Amish community in Grey County Ontario. These tickets were issued during the COVID-19 pandemic and resulted in fines and convictions that TDF believes were unjust and flawed.
One of the most alarming cases involved the posthumous conviction of a married Amish man. Not only did the government obtain a conviction after his death, but a lien was placed on the marital property, compounding the family’s grief and financial burden. TDF's legal team successfully reopened this ticket, along with the ticket issued to his wife.
"We are shocked that a man was posthumously convicted and that his estate and widow were subsequently burdened with a lien for a conviction that, in our view, should never have been obtained in the first place," said Adam Blake-Gallipeau, Senior Litigation Counsel with TDF. "This case is a stark reminder of serious state overreach in the context of Quarantine Act and ArriveCan-related tickets."
TDF is now working to remove the lien from the couple's family farm - an effort that could potentially set a precedent for any other posthumous convictions under the Quarantine Act.
In addition to this case, TDF’s legal team has been successful in ensuring that, to date, all Quarantine Act-related liens registered on their clients' property are removed. This allows clients to move forward with the legal process without the immediate financial burden that these liens would impose on their families.
While TDF’s victory in reopening these tickets marks an important step forward, the legal battle is far from over. TDF lawyers have requested and will review disclosure materials from the Crown, and will prepare for trial if necessary, as they continue their fight for justice on behalf of their clients.
The Amish live peaceably, in accordance with their deeply-held religious beliefs, and do not use modern conveniences or electricity, making it almost impossible for them to comply with the use of the digital ArriveCan app.
“Our clients are grateful for the support of the wider community. And, of course, we're pleased with the outcome so far, but this is just the beginning,” said Blake-Gallipeau. “We had to reopen these tickets to remove the wrongful convictions, but the legal process takes time. We're committed to ensuring our Amish clients are treated fairly and receive their day in court, if necessary.”
TDF’s ongoing work with the Amish community is a reflection of our commitment to defending the rights of marginalized groups who have been disproportionately affected by Quarantine Act tickets and other government overreach. TDF is determined to ensure that individuals are not unfairly penalized or convicted, particularly when they are part of a vulnerable community at a disadvantage in the legal system.
If you'd like to support the Amish community in their fight, please consider making a tax-deductible donation on this page.
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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 an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.