By Justice Centre for Constitutional Freedoms —— Bio and Archives--January 19, 2024
MISSISSAUGA, ON: The Justice Centre is
pleased to announce that the charge against Scott Bennett for not
using the ArriveCAN app has been dismissed. An officer for the Public
Health Agency of Canada, who was to be a witness at trial, failed to
appear at the Ontario Court of Justice. So, on January 16, 2024, the
public prosecutor withdrew all charges.
Returning
from a trip abroad on July 12, 2022, Mr. Bennett was issued a ticket at
the Pearson International Airport for not using the controversial
ArriveCAN app to disclose his Covid vaccination status. He filled in the
back of the ticket, requesting an early resolution meeting with the
prosecutor. Legal counsel, supported by the Justice Centre, attended
that meeting and informed the prosecutor that they intended to raise Charter issues to defend Mr. Bennett against the prosecution. In particular, Charter section 8 prohibits unjustified search and seizure, and Charter section
9 prohibits arbitrary arrest and detention. The defence was prepared to
argue that being forced to disclose vaccination status violates Charter section 8, and that the quarantine mandate violates Charter section 9.
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