Adam Blake-Gallipeau explained the position that there was no legal requirement to fill out the ArriveCAN app until November 26, 2021, so any charges made before that day are empty.
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This is just an excerpt from The Ezra Levant Show. To see new, ad-free episodes, which air Monday – Friday @ 8 p.m. ET | 6 p.m. MT, become a subscriber to RebelNews+. This episode originally aired on March 17, 2023.
On last night’s episode of The Ezra Levant Show, Ezra spoke to the lead litigator of The Democracy Fund, Adam Blake-Gallipeau about the 2,500 cases that the team of paralegals has been able to help people with over the last three years.
Adam told Ezra about the type of cases that they are typically fighting.
The vast majority there, Ezra, is our ticket-related matters. Like you pointed out these are our social gathering tickets that were issued during the lockdowns and during these, these mandates that were implemented prior to them being lifted. But also we’ve got the Quarantine Act tickets that we’ve been facing, which are typically border crossing. We’ve got hundreds of them in Ontario, obviously.
He went on to tell him about a recent win in the battle for civil liberties.
And one withdrawal which actually occurred this week in relation to an individual who was charged with mischief and disobeying a lawful court order for peacefully protesting in Windsor, he was facing 45 days in jail. We were able to, through our efforts, point out to the crown that there was a lack of prospect of conviction. And the crown, ultimately because of the strength of our case, because of our efforts, was forced into a position to agree and withdrew actually just this past Wednesday.
Ezra asked him what the reason could be for roughly half of the tickets issued in B.C. to be withdrawn. Adam explained:
When it comes to these particular withdrawals, I have a hunch Ezra, and I believe it is because our legal team here and specifically, actually our, our litigation director Alan Hahn, was able to point out the fact that a number of these charges were resulting from violations that predated a declaration made by the Health Minister. It gets into a rather complicated area of law, but the order and council specified that the Health Minister, that or the Health Minister’s delegate was to instruct as to the electronic means that should be filled out when crossing the border.
This electronic means since has been declared to be the ArriveCAN app, right? So, however, this was not announced as far as our records are concerned as far as what I’m seeing on their website until November 26 of 2021. So all of the tickets that were in relation to failure to comply on an ArriveCAN app basis to November 26, 2021. Our position was these tickets are bunk because the law is incomplete. You don’t have a health minister or, or health minister’s delegate stating that this law has been declared.
Ezra clarified what Adam just told him:
So any charge before November 26, 2021 the ArriveCAN app simply was not the law. So cops might have said fill it out at the airport, busybodies might have said fill it out, the media might have said fill it out, but there was no legal requirement to fill it out till November 26, 2021. So any charges before then are empty. Did I hear you?
“You did and you heard me correctly Ezra, that’s that and that’s certainly our position,” Adam answered.
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