In a much-anticipated decision, the Ontario Court of Justice has ruled that Covid-19 nasal swab screening tests are unlawful. Judge Paul Monahan has overturned a previous guilty ruling against Ms. Meththa Fernando for refusing to be screened for Covid-19, after arriving at Pearson International Airport on April 9th, 2022.

Ms. Fernando refused the screening test she had been randomly selected for. With the support of Mr. Weisdorf, they had intended to make the argument that this screening conflicted with our Bill of Rights. However, the Justice of the Peace in her original case refused to allow this because “there was no application before the Court.” The Justice also did not look further for conflict and promptly found Ms. Fernando guilty of failing to comply with an order under Section 58 of the Quarantine Act; she was convicted and issued a fine totalling $6255.

On appeal Judge Monahan pointed to the Quarantine Act – the very act used to convict her, focusing on section 14(1) which states that, in determining if a traveller has a communicable disease, the Minister may use “any screening technology that does not involve the entry into the traveller’s body of any instrument or other foreign body.”

The question then becomes; can a nasal swab be considered an ‘instrument’ or ‘foreign body’?

Police on Guard has consistently stated that it does, and that any requirement to submit to such invasive tests stands in direct conflict with the Quarantine Act as well as our Charter Rights and Freedoms.

Judge Monahan agrees that screening tests cannot involve any “entry into the traveller’s body”. He also confirms the definition of both ‘foreign body’ and ‘instrument’. In short, the use of a nasal swab IS clearly both a ‘foreign body’ and an ‘instrument’ that is being introduced INTO the traveller’s body and, as such, is unlawful. Ms. Fernando was well within her rights to refuse this invasion of her person; her conviction and fine have been overturned.

We applaud Judge Monahan for his thoughtful application of the laws he is entrusted to uphold. We hope others empowered to do so will also stand and be heard.

To read the court ruling, click the link. 

Thank you to The Canadian Independent for providing a link to the case.