Ontario court judge overturns woman’s COVID-19 PCR test conviction in landmark ruling, citing unlawful Quarantine Act enforcement.
Ontario court judge overturns woman’s COVID-19 PCR test conviction in landmark ruling, citing unlawful Quarantine Act enforcement.
Brampton, Ontario – In a landmark legal decision, Ontario Court of Justice Judge Paul Monahan has overturned the conviction of Ms. Meththa Fernando, who was previously found guilty of failing to comply with an order under Section 58 of the Quarantine Act.
Ms. Fernando was charged after she refused to undergo a random COVID-19 test upon arriving at Pearson International Airport on April 9, 2022. Although vaccinated, she declined the nasal swab test, which was to be conducted by Public Health Agency of Canada officer Joshua Roxas. Her refusal led to a conviction and a fine totaling $6,255.
Fernando, represented by non-lawyer Mr. Christopher Weisdorf, appealed the conviction, challenging the legal grounds under which the nasal swab test was mandated. Central to the appeal was the argument that the Quarantine Act did not authorize the use of screening technology involving the entry of any instrument into a traveler's body.
Justice Monahan ruled in favour of Ms. Fernando, emphasizing the provisions of Section 14 of the Quarantine Act, which states that screening technology must not involve the entry into the traveler’s body of any instrument or foreign body.
Justice Monahan determined that a nasal swab constitutes both an instrument and a foreign body, making the requirement for such a test unlawful.
“In my view, a nasal swab is ‘an instrument’ or ‘foreign body.’ In my view, the Quarantine Act did not permit a screening officer in this case, Mr. Roxas, to require Ms. Fernando to be tested at the airport by insertion into her nasal cavity of a nasal swab,” Justice Monahan stated in his ruling.
As a result of this interpretation, Justice Monahan reversed the decision of the Justice of the Peace and entered a finding of not guilty for Ms. Fernando.
The Canadian Independent spoke with Chris Weisdorf, the man who self-represented on behalf of Ms. Fernando. He said he "was very happy with the decision" and that he "thought the appeal would be successful because the government had no counter arguments."
Weisdorf says the “government didn’t make any written submission” and that “the likelihood of them filing an appeal is next to zero.”
You can review the ruling at the link below.
https://drive.google.com/file/d/1m5anHt3KmVKpo4oBx7zcGUAX21-zDY5c/view?usp=sharing
Very good news! Why haven't we heard about more people fighting these fines using the Quarantine Act? Those nasal swabs are 6 inches long - can you imagine getting that shoved up your nose!! I've seen video of it been done to babies!, babies for God's sake, it was traumatizing to watch!!
That’s a big win! I would like compensation and admission of guilt by the government for forcing me to have those nasal swab tests done for travelling before they banned me from travel altogether as an unvaccinated person. The travel ban is, of course, another major infringement of my rights. What we have suffered is unbelievable. I was also suspended from my job without pay for refusing the poison injection, and I am still suffering the financial and psychological consequences. Trudeau supports “My body, my choice” for abortions, including right before birth, because this aligns with the 2030 goals of depopulating. The death vaxx aligns with that goal, too. But try to say “My body, my choice” when it comes to deadly injections or nasal swabs, and all of a sudden it’s considered hate speech by the fringe minority.